Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Question: I have a question about a writ of replevin in Utah. A creditor is going to a hearing tomorrow to get an order for a writ of replevin to seize a car. I plan to file bankruptcy to stop the writ and catch up the payments in a Chapter 13 plan. However, I am wondering how quickly the writ will be in effect? In an order of restitution to evict someone from property the court gives the person 3 days to vacate. Does the same concept apply for a writ of replevin? Or can they come immediately with a constable or sheriff to seize the car after the writ is issued? Response: Writ of Replevin can be enforced as soon as it is issued. However, the defendant can file affidavit to challenge the issuance of the Writ. See Rules 64 to 64B of Utah Rules of Civil Procedure: http://www.utcourts.gov/resources/rules/urcp/
But will the filing of that affidavit temporarily suspend the writ? Response: This is an Affidavit that is filed before the hearing on the application for the Writ. The Affidavit would be a part of the hearing on the application for the issuance of the Writ. So, if the Affidavit is persuasive, the Writ would not be issued. If it is not, then the Writ would be issued. Utah Courts web site is currently down. So, unfortunately, you would not be able to review Rules of Civil Procedure 64 through 64B. Please keep checking the site. The Rules there would help you with the hearing on the Writ today.
All the best,