When Do I Need a Writ of Replevin to Pick up Personal Property

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http://BakkeNorman.com | Bits and Bytes with Deanne Koll • Replevin actions are often filed by secured creditors seeking to take possession of collateral securing loans. A common example is where a lender initiates a replevin action to gain possession of a skidsteer it took as collateral for a loan, following default on that loan. • The replevin action is a request to the court for a judgment against the debtor so that the lender may take possession of (in our example) the skidsteer. • Sometimes, even after the lender obtains the judgment of replevin, the debtor will not voluntarily surrender the collateral. In those circumstances, it may be necessary for the lender to request a Writ of Replevin from the court. • A Writ is an order signed by the court directing the sheriff to assist the lender to repossess the collateral. • • A Writ of Replevin must be used if the debtor is uncooperative in returning personal property. A lender may not, without the Writ (and the sheriff), enter the debtor’s property and remove personal property. The Writ gives the sheriff this right.

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