Businesses often look for ways to recover property that’s been wrongfully taken or kept. This is often the case for companies that lease items, provide property on contracts or sell items on credit.
One option they may use is replevin, which is a legal tool that can help these companies to get its assets back without having to wait through the trial process or until it can receive a monetary settlement for damages. Understanding when it’s useful may help businesses to determine if replevin is a viable option.
Equipment or asset recovery
If your business leases out equipment, such as vehicles, machinery or electronics and the lessee fails to return it, replevin allows you to initiate legal proceedings to retrieve it. This is often faster than suing for the item’s value, especially if the equipment is high-value or specialized.
Reclaiming collateral after a default
In commercial lending or financing, replevin is used when a borrower defaults and refuses to return collateralized property. Instead of waiting for foreclosure or pursuing a breach-of-contract claim, replevin provides a direct path to recover the secured asset.
Unreturned goods in a sale or consignment
If your business ships products to a buyer who never pays or returns the goods, replevin can compel the return of those items. This is particularly valuable in consignment arrangements or situations involving unpaid invoices for deliverables.
Replevin can be faster than a traditional lawsuit for damages. Courts often allow a prejudgment writ of replevin, which authorizes the sheriff or another official to seize the property before the case concludes. This helps minimize losses from continued deprivation of the asset and avoids the risk of it being damaged or sold. Working with someone familiar with these situations and resolution methods may benefit companies who need to turn to this option.