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Writ of Replevin Questions

What is a writ of replevin?

A writ of replevin is a legal way for a person to reclaim goods unlawfully held from his/her custody and most frequently pertains to bankruptcy proceedings. This is done by obtaining a court order which requires the defendant to return the goods to the plaintiff at the beginning of the action, rather going through lengthy proceedings first. In most cases, a writ of replevin is used speed the process for obtaining a judgment. Lawyers on JustAnswer respond to questions pertaining to a writ of replevin.

What is the minimum I need to file to avoid losing my motor home in Chapter 13 bankruptcy?

The minimum that can do is to file a skeleton petition with essential information, then file the remainder of the forms at a later date. Once the petition is filed, the automatic stay will be in effect and replevin action can’t take place without consent of the bankruptcy court. The skeleton petition is enough to invoke the automatic stay.

What recourse do I have if I defaulted in a Chapter 13 bankruptcy and the company that finances my vehicle now is threatening to repossess it?

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 be able to keep the vehicle. 

The only other option you have is 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, a 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.

How quickly does the writ of replevin go into effect?

Writ of Replevin can be enforced as soon as it is issued. The defendant may be able to file an affidavit to challenge the issuance of the writ. The affidavit needs to be filed before the lender’s hearing to apply for the issuance of the writ of replevin. The affidavit becomes part of that hearing. If a good case is shown, the writ may not be issued. If the affidavit is not persuasive then the writ will be issued.

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

Negotiating with your lender is always something you should try to do to settle the dispute. It is completely up to the lender whether they want to negotiate. Negotiations seem to go better if the debtor has a lump sum amount that they is ready to pay immediately. Lenders usually don’t negotiate as easily when payments are negotiated. 

If you are unable to work something out with the lender, you can file for a Chapter 13 bankruptcy petition, which will stop the replevin action. You can 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 you determine how to win a replevin action. Lawyers on JustAnswer can answer your questions about bankruptcy and the writ of replevin is as they apply to your particular circumstances.

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