In creditors’ rights law, replevin is a legal remedy allowing a person to recover goods unlawfully withheld from the creditor. In a replevin action, the plaintiff must prove a legal right to the possession of the property, and that the defendant has wrongful possession of the property.
Secured creditors seeking to take possession of collateral often file replevin actions. Following payment default, an automobile finance company might initiate a replevin action to gain possession of a vehicle. Replevin actions are usually employed when the borrower prevents the lender from using self-help repossession. Arizona permits self-help repossession as long as there is no breach of the peace.
Replevin is a civil action, not a criminal one, and concerns the return of an actual specific item or items, not monetary compensation for loss. Replevin actions may take one of two forms:
- the plaintiff seeks immediate possession of the property (without notice)
- the plaintiff opts for an adjudication of final rights (with notice)
When the plaintiff/creditor opts to adjudicate the right to possession, generally he will give testimony and provide business records showing the borrower/defendant’s obligation to pay, and showing that the borrower/defendant has defaulted. If the Court rules in the creditor’s favor, a judgment and Writ of Replevin will be issued. The steps subsequently taken to secure the physical possession of the collateral/goods are called the replevy.
If you would like more information about replevin actions, creditor’s rights, or need assistance from an attorney, contact Windtberg & Zdancewicz to schedule an initial consultation.
The attorneys at Windtberg & Zdancewicz, PLC, provide Arizona residents and businesses with experienced legal representation in all collection matters. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance with your collection matters, please contact us at (480) 584-5660.