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Replevin is the legal solution for an individual to reclaim goods which have been unlawfully held from his / her custody. This is done by a writ in which a court might ask the defendant to return the goods to the plaintiff when action is initiated. Usually, a writ of replevin is used for the speedy process of obtaining a judgment. This article provides answers to some of the most commonly asked questions about issues related to this. I have a replevin hearing and it seems there is no other way out to keep my motor home than filing a Chapter 13 bankruptcy. What should I do to get a stay order?
The least you should do is file a skeleton petition and then the remainder of the forms at a later date. Once it is filed there will be an automatic stay and the effect of the replevin action will not take place until and unless the bankruptcy court gives consent. The automatic stay will come into effect with the skeleton petition itself. I defaulted while I was in a Chapter 13 bankruptcy. The company that financed my vehicle wants to get the payments; else they will take away the vehicle. What should I do?
If the Chapter 13 is dismissed, then you will no longer enjoy the protection under the automatic stay. You will not be able to stop the repossession and the lender can reclaim the collateral. However, if you comply with the lender’s terms of getting current on the payments then you have a fair chance of retaining the vehicle. Another option that you have is to refuse to turn over the vehicle voluntarily. It might take some time to do this. The lender will ultimately file a replevin action. It is a court petition requesting the court to tell you to turn over the vehicle. Once the lender is in possession of the writ the sheriff’s office may send a wrecker for the recovery of the vehicle. A writ of replevin has been filed against me. I don’t have the money to pay off the loan to retain my property. Can I negotiate a lower pay of amount?
It is always advisable to negotiate with your lender for the settlement of the dispute. However, it is up to the lender whether they want a negotiated settlement or not. Negotiations are usually fruitful if the debtor is ready to pay a lump sum immediately. If you fail to come to a settlement with the lender, you could opt for filing a Chapter 13 bankruptcy petition to stop the action. After that you can set up a payment plan and pay the debt while retaining the property. My creditor is going to the court tomorrow for the purpose of getting a writ of replevin to seize my vehicle. My plan is to file a Chapter 13 bankruptcy and stop the writ and catch up the payments. How long does it take for the writ of replevin to take effect?
It comes into effect as soon as it is issued. As per Utah’s Rules of Civil Procedure 64 to 64B, the defendant has the right to challenge the issuance of the writ by filing a legal affidavit. The affidavit has to be filed before the hearing that the lender has on the application for issuing the writ petition. The affidavit constitutes a part of the hearing and if a sound case can be made up, chances are that the writ will not be issued. But, if the affidavit is not strong enough then the writ may be issued. A proper understanding of the correct information is essential while dealing with repossession and bankruptcy issues. However, these issues are sometimes very complicated and you may have to ask a bankruptcy lawyer for proper guidance regarding the best course of action.
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