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Iowa Original Notice - Action of Replevin or Repossession
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FAQ
One option you have, aside from filing an answer and raising a valid defense to the request to replevin, is to file for bankruptcy. A bankruptcy action will stop a pending replevin request, and will also help you to get the rest of your finances in order.
The creditor must provide you with written notice of its intent to seek an order of replevin, and certain due process requirements apply. For example, you need to have an opportunity to be heard before the court issues the replevin order. You will receive written notice of the time, date, and location of this hearing.
Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.
Replevin is a type of lawsuit in which an individual (a plaintiff) can retrieve articles of personal property that were wrongfully taken or detained by a defendant. Unlike other forms of legal recovery, Replevin seeks the return of the actual article of personal property in question, not comprable money damages.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
To win a replevin action, you must show that you are entitled to immediate possession of the property. (Note: It is possible to own or have title to property but not have the right to possess it immediately. In that case, you cannot win a replevin action.)
Read all of the paperwork that you receive from the court. Return the vehicle immediately to the rightful owner. Show proof of ownership if you want to dispute the claim. Speak with a licensed attorney in your area.