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Replevin Accounts

  • Replevin, sometimes referred to as "claim and delivery", is a formal legal proceeding to retake/repossess a client's "purchase money security interest" (motor vehicle) in accordance with the contract

  • Replevin seeks a Court order requiring the Sheriff or Constable (in Arizona) to serve process and take possession of the motor vehicle described as "security" in the contract

Replevin documents required:

  • Contract

  • Credit Application

  • Proof of lienholder interest (i.e. Certificate of Title)

  • Special Affidavit Supporting Replevin

  • Account notes with vehicle description/location

  • Financial statement of account owed

  • Replevin/delivery Bond

  • Attorney fees, generally, are FIXED plus court costs

  • Client costs include Bond premium and related vehicle recovery charges. Most contracts allow client to recover costs from the customer

  • Where requested, a judgment for contract damages will be added to the Replevin action. Judgment will be pursued for collection at a contingency fee rate (plus court costs) as in any other deficiency/charge-off collection case

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