As a creditor, you’ll understand the frustration of debtors who fail to keep up with their repayments.
You’ve followed every procedure to the letter and the only step that’s left is to commence legal proceedings.
That’s the point at which a writ of replevin comes into play.
What is a writ of replevin?
In Florida, a creditor can apply for a writ of replevin which is a legal action used to take back property from a debtor where they can’t (or won’t) pay.
Once obtained, a writ is a legal court order which gives a creditor the authority to seize or take control of their property.
How do you file a replevin action?
Obtaining a writ of replevin can be done by issuing a civil lawsuit. In order for the writ to be enforceable, the creditor first needs to make sure it’s issued in the right jurisdiction. Where this is will depend on the facts of each individual case but is usually where the debtor resides.
In the application, the creditor needs to provide the following information:
- A detailed account of all the property they are trying to retrieve from the debtor
- Value of the property
- Why the creditor is entitled to reclaim the property & why the debtor should not be allowed to keep it
- Photographs or other proof of ownership
- Proof of a contract, bill of sale, property deeds etc.
Once the claim is issued, the court will then serve it on the debtor who will have 20 days to respond.
If a debtor responds with a defense, a final hearing will be set by the court. If there is no response the creditor can try and obtain a default judgment from the court. After this, the judge will enter a final judgment and issue a writ of replevin.
In most circumstances, seeking help early on can assist with the process of filing for a writ of replevin and reclaiming your property from a debtor.