This form is a Writ of Replevin. The Writ of Replevin provides that the sheriff or any law enforcement officer may take into possession certain property identified on sale tickets attached to the Writ. The document also requests that the defendant be summoned to appear before the court and to answer the suit of the plaintiff for the wrongful detention of the property.
Texas Writ of Replevin or Repossession
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FAQ
If you default on your written loan agreement, a creditor can repossess a vehicle or personal property (but not a house or land) without advance notice to you and without filing a lawsuit. This is because your installment loan is secured by the property.
A repo man (a person hired by the creditor to take the asset subject to repossession) can come onto your property anytime but cannot enter your house without permission. Property can be repossessed by the creditor or by a person hired by the creditor as long as the process does not involve a breach of the peace.
Is it a crime for a repo man to accidentally repo the wrong car? Not unless the car was retained after the accidental repossession was discovered, and then, only by the person retaining it (as the repo man may have turned over the car to the creditor whose loan on a similar car is in default).
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.
If a purchaser defaults on a lien, a lienholder may repossess a motor vehicle held under a valid lien without paying motor vehicle tax. The act of repossession is not a retail sale.
Breaching the peace during an auto loan repossession can include using physical force or threats of force and breaking into locked buildings. All laws on repossessing cars prohibit breaches of the peace.
A wrongful repossession is where the consumer is either not in default or has cured the default and the creditor still repossesses the vehicle. Another thing that constitutes a wrongful repossession is when the repossession agent or the creditor breaches the peace in repossessing the vehicle.
If the defendant does not respond within 20 days, file for a default. After default or final hearing, the judge will enter a final judgment. Then, the clerk will issue a Writ of Replevin. Take the Writ of Replevin to local law enforcement, who will assist you in getting your property back.