Writ of Replevin Florida
Reclaim Your Rightful Property with a Writ of Replevin
When a debtor cannot or will not pay money to a creditor, the creditor then faces a difficult choice. They can attempt to negotiate with the debtor hoping that they will pay or take additional legal action. Unfortunately, this is only a viable solution when a debtor is willing and able to pay at least a percentage of the debt they owe.
If negotiation is not an option, creditors may additionally elect to file a lawsuit. In this instance, the legal fees can prove costly, and a debtor may declare bankruptcy. Bankruptcy may prevent a creditor from recovering some or all of the outstanding debt.
These options may not offer a creditor the favorable outcome they desire. The good news is that they still have rights, in addition to a variety of outcomes that may assist them in reclaiming their rightful property. One of these is attaining a writ of replevin.
Writ of Replevin in Florida
Replevin is a civil lawsuit aiming to achieve court-ordered possession of wrongfully taken or detained personal property by another. Essentially, we can think of replevin as a court-imposed repossession.
The prejudgment writ of replevin enables a creditor to seize a secured debt. Because this takes place prejudgment, the creditor can seize the property before a case reaches final adjudication.
Whenever a debtor borrows money to purchase a tangible asset (i.e. cars, boats, other vehicles) that can be repossessed, a creditor can then seize the property with a writ of replevin action. Nevertheless, most creditors only depend on replevin when they cannot locate or repossess the asset themselves.
Creditors may additionally benefit from filing a lawsuit to obtain a writ of replevin to:
- Reclaim property lent or loaned to another
- Return stolen goods to a business or individual they stole them from
- Transfer ownership of loan collateral on a note that a debtor didn’t repay
- Reclaim rented items or equipment after a rental term is over
Creditors must file a civil lawsuit with the Clerk of Court to obtain a writ of replevin in Florida. They can utilize the writ to release the property or collect payment from a debtor who failed to return their property.
However, the circuit court must have jurisdiction over the property. The court must reside in the country where the property is located, where the contract was finalized, in the place where the Defendant resides, or the place where the dispute or the problem occurred.
When jurisdictional issues occur, creditors can depend on a debt collection lawyer to help them with domestication and enforcement of the foreign judgment into their jurisdiction for pursuance.
Filing a Replevin Lawsuit in Florida
When pursuing an action for replevin, creditors must provide a detailed written description of the property that the debtor possesses. This will help the court identify the property, and also confirm monetary amounts due and owing. Creditors must additionally include:
- A statement of the property value
- An explanation of why the creditor believes they rightfully own the property
- Information on why the creditor is entitled to get the property back
- An explanation outlining how the person or organization is keeping the property from the creditor
A creditor may also benefit from providing photographs, serial and model numbers, as well as other proofs of ownership regarding the items they seek to reclaim.
- Preparing a Complaint for Replevin
Attach proof of ownership, loan agreements, property titles, etc. to the complaint. A replevin complaint should also include a comprehensive, accurate description of the property.
- Prepare a Replevin Summons
We also refer to this document as a “Notice to Appear”. A document provided by the court issuing a demand for the debtor or other concerned parties to appear in court.
- File the Original Documents with the Clerk of Court
- Serve Copies of the Documents on the Defendant(s)
If a defendant chooses not to respond within 20 days, the creditor can then file for a default on the replevin action. After a default or final hearing, the judge can then enter a final judgment rendered against the defendant. Then, the creditor will receive and proceed with the service of the writ of replevin.
- Take the Writ of Replevin to Local Law Enforcement
After issuance of the writ, law enforcement can assist the creditor with reclaiming their property.
Replevin Lawyer in Florida | The Law Offices of Paul A. Humbert, P.L.
Creditors attempting to collect debts from a debtor should consult with a qualified and experienced debt collection law firm. These professionals like ours from the Law Offices of Paul A. Humbert, P.L. can help plan the best course of action.
Every method of debt recovery has its potential consequences and benefits and requires various legal steps. To learn more, call our firm today at (786) 373-3757.