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Replevin, also known as "claim and delivery," is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to monetary damages (the more commonly sought-after remedy).
After the repossession, your lender or leaseholder may allow you to reinstate your contract if you pay the past due amounts. If the lender or leaseholder does not agree to reinstate your contract, it may try to sell your car at an auction.
INSTRUCTIONS: Vehicle and Traffic Law Section 425 requires the repossessor of a motor vehicle or motorcycle to do the following: 1. Immediately following the repossession, personally appear at the police agency in the locality where the repossession occurred, and notify the police agency of the repossession; 2.
A consumer who defaults on a vehicle loan usually faces the repossession of the vehicle, but sometimes a lender will use replevin as an alternative. While repossession does not involve a formal process in court, replevin consists of getting the court to order the consumer to return the vehicle to the lender.
A dealer may repossess a car only when the debtor is in default of the purchase agreement. Typically a default occurs when the buyer fails to make an installment payment. However, default is usually defined in the security agreement, and may include numerous other conditions which will constitute default.