How to Respond to an Order of Replevinby Contributor
An Order of Replevin is a legal procedure used to recover personal property. A lien holder repossessing a vehicle can file an Order of Replevin against someone if that person refuses to return the vehicle. If you are served an Order of Replevin, you must respond to it by following certain legal steps.
Read all of the paperwork that you receive from the court. Once an Order of Replevin has been filed, you will be served papers by a sheriff or other law enforcement officer appointed by the court. It is required by law that you respond to the Order of Replevin. These papers will demand that you immediately return the vehicle to the lien holder.
Return the vehicle immediately to the rightful owner. If you feel that you are legally entitled to keep the vehicle, you can request a hearing before the court and dispute the claim.
Show proof of ownership if you want to dispute the claim. Gather all of your documents and paperwork pertaining to the vehicle. You will have to complete certain forms and submit them to the court for a hearing.
Speak with a licensed attorney in your area. You can find representation at the US Directory website (see Resources below). Enter the phrase "Attorneys Debt & Collection Law" and your zip code.
Show up for the court hearing. If you do not respond properly to the Order of Replevin, you will be ordered to appear in court so that the judge can decide who is the rightful owner of the vehicle. If you miss your appointment, the judge may issue a warrant for your arrest.
- If you are having problems making your car payments, you should contact the lien holder or creditor to discuss your situation. Creditors are often willing to make arrangements that will allow you to keep your vehicle while you pay off your debt.
- If you choose to dispute the claim, the law enforcement officer still has the right to seize the vehicle and hold it until after the court hearing. If you are allowed to keep the vehicle, you may be restricted from using it until after the trial has taken place.