Replevin Repossession In San Antonio
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FAQ
Evidence Can Prove a Wrongful Repossession Case From detailed written statements to visual documentation of property damage, illegal access, and proof of timely payments, the types of evidence required may vary depending on the circumstances.
When your car is repossessed, your lender must sell the vehicle in a “commercially reasonable manner.” Once the car is sold, the lender must reduce your loan by the amount sold. If you still owe on your loan AFTER the sale, you have a “deficiency” and can be sued for the amount.
But if you make it hard for the repo agent to get it, then the creditor may use another method to get the car back, called "replevin." Replevin can be just as costly as a repossession, if not more so. With replevin, the car lender files a lawsuit seeking an order from the court requiring you to give the car back.
No, a repossession agent may not do that. But, if the repossession company can't access your car because it is hidden, blocked, or locked up, your lender goes to court to get a replevin. Replevin is a court order compelling the collection of the vehicle. Repossession and replevin are different processes.
The best thing you can do is ommunicate early and honestly. if you feel the need to evade and you've managed to evade for a few weeks already. Call up the repo company and ask them their address so you can deliver the car. The repo will appreciate not fighting for it and may even put in a good word to the leinholder.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.
Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.
When filing a replevin suit, the plaintiff must provide evidence that they are the rightful owner of the property in question and that it was taken without justification or consent.
File a motion for a writ of replevin. The motion must be accompanied by an affidavit or verified complaint that supports the allegations in your complaint. The affidavit must also state that you will post a replevin bond with the court. The amount of the bond will be set by the court.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.
