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Writ of Replevin Questions

What is a writ of replevin?

Replevin is a legal solution for a person to reclaim goods unlawfully held from his/her custody. This would be done by a court order (writ) through a legal process in which a court may require a defendant to return the goods to the plaintiff at the start of the action. In most cases a writ of replevin is used to garner a speedy process for obtaining judgment. Below are the most commonly asked questions about a writ of replevin.

I have a replevin hearing and I think I have no options left to keep my motor home except in filing a Chapter 13 bankruptcy. What is the minimum I need to do to file and get a stay?

The minimum that you could do would be to file a skeleton petition and then file the remainder of the forms at a later date. Once the petition is filed the automatic stay will be in effect and the replevin action cannot take place without consent of the bankruptcy court. The skeleton petition is enough to invoke the automatic stay.

I was in a Chapter 13 bankruptcy and defaulted. The company that finances my vehicle now wants me to get the payments caught up they will repossess the vehicle. What recourse do I have?

If your Chapter 13 has been dismissed, then you no longer have protection under the automatic stay. You can’t stop the repossession. The lender has a right to reclaim the collateral. However, if you can comply with the lender’s terms of getting current on the payments then you might have a shot at keeping the vehicle.

The only other option you have would be to refuse to turn over the vehicle voluntarily. This action may buy you a little bit of time. The lender will eventually file a replevin action. This is a court petition to get a court order telling you to turn over the vehicle. When the lender gets the writ of replevin, then the sheriff’s office may accompany a wrecker to recover the vehicle.

My creditor is going to a hearing tomorrow to get an order for a writ of replevin to seize my vehicle. I plan to file bankruptcy to stop the writ and catch up the payments in a Chapter 13. How quickly does the writ of replevin go into effect?

Writ of Replevin can be enforced as soon as it is issued. According to Utah’s Rules of Civil Procedure 64 to 64B, the defendant can file an affidavit to challenge the issuance of the writ. The affidavit would need to be filed before the hearing that the lender is having on the application for the issuance of the writ of replevin. The affidavit would be a part of the hearing and if a good case is shown the writ may not be issued. If the affidavit is not persuasive then the writ would be issued.

I have a writ of replevin filed against me and I don’t have the money to pay off the loan to keep my property. Is it possible to negotiate a lower pay of amount?

Negotiating with your lender is always something you should try to do to settle the dispute. It would be completely up to the lender whether or not they want to negotiate. Negotiations seem to go better if the debtor has a lump sum amount that he/she is ready to pay immediately. Lenders tend not to negotiate as easily when payments are the negotiation.

If you are unable to work something out with the lender you could file for a Chapter 13 bankruptcy petition, which would stop the replevin action. You could then set up a payment plan through the bankruptcy court to pay the debt and keep the property.

Having the right information and understanding the writ of replevin can help when dealing with questions regarding repossessions and bankruptcy. Experts can help answer your questions about bankruptcy and the writ of replevin is as they apply to your particular circumstances.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
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Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
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B.A.; M.B.A.; J.D.

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