North Carolina Replevin and Repossessions Lawyers
If a debtor has filed for bankruptcy or has otherwise failed to live up to the terms of their agreement with a creditor, the creditor may be able to protect their financial position by filing a replevin action. This type of action is also often referred to as a Claim and Delivery. The purpose of a Claim and Delivery is to enable the creditor to recover personal property instead of monetary damages. Recoverable property is typically a tangible asset, such as a vehicle, which is tied to a secured debt as collateral. Real estate cannot be taken in a replevin action.
At Crawford & von Keller, PLLC, our North Carolina repossession and replevin attorneys have considerable experience protecting the rights of creditors and lending institutions. We have successfully secured both commercial and consumer property on behalf of our clients and can put this experience to work on your behalf. Contact us today, online or by phone to discuss your particular needs with us in detail.
Initiating replevin actions
Replevin actions can be pursued under numerous circumstances, including when multiple parties are entitled to possess a certain property but one party’s rights to the property supersede the other’s. Replevin actions might also be available in instances when an individual failed to release a formerly withheld property to someone who had a legal right to possess it.
A replevin action must be filed with a court that has the authority to render a ruling based on the property’s value, and in the county where the property is located, where the contract was signed, where the defendant resides, or where the dispute arose.
In order to recover property through a replevin claim, a creditor will also need to provide the court clerk with certain documentation, including a description of the property and its value, a statement showing the creditor has a right to the property, and an assertion that the property is being wrongfully withheld by the other party.
How Crawford & von Keller, PLLC can help
The replevin attorneys at Crawford & von Keller, PLLC are committed to representing the creditors’ rights of our clients. We handle legal issues including commercial and consumer repossession of secured collateral, and have helped clients repossess assets including:
- Mobile homes
- Motor homes and RV’s
- Heavy machinery such as bulldozers and other equipment
If you are interested in learning more about your rights as a creditor or need legal guidance regarding the replevin process, contact us by phone or fill out our online contact form to schedule a consultation with one of our replevin attorneys in North Carolina. Our attorneys are well-versed in the relevant laws and will work tirelessly to help you achieve the results that you deserve.