Repossession vs. replevin: When to turn to replevin
Movies and television have popularized the “repo man,” and the sight of muscle-bound men hauling away furniture, vehicles, and other possessions. Repossession is a well-known concept among the public.
Replevin is much less known–it can be more expensive and take longer, so most businesses choose not to utilize it.
However, there are several reasons to consider replevin when you are looking to recoup financial losses, and it may be a good option when you cannot use repossession:
Repossessing the property could cause a potential breach of the peace
This means no repossession efforts can use violent force or the threat of violent force. In addition, the act of repossession cannot provoke the debtors into violence themselves.
If a debtor has exhibited signs that they may become violent or agitated when repossession efforts are made, it may be in your best interest to turn to a replevin suit.
Requesting property and money judgment
If you are trying to bring a debtor to court, you can file a replevin order on the property and then deliver a financial judgment with the same lawsuit. This helps expedite the court proceedings and won’t force you to file several different claims.
Property is hidden
If you cannot find the requested property when you are on the premise, then you cannot repossess it. Filing a replevin means that you do not need to physically locate property to claim it.
While repossession will always be the standard method companies use to recoup financial losses from debtors, sometimes it makes more sense to pursue replevin action.
If you are struggling to recoup assets owed to you, consider taking legal action.