How do I obtain a writ of replevin to repossess a vehicle?
In order to have property returned through replevin, the property sought must be of a unique and identifiable character, so that money is inadequate to compensate for its loss. Typically, when a person fails to pay for a car purchase and the contract of sale doesn’t provide for the car to be repossessed, a breach of contract action is filed for payments owed. A lien is a claim to property for the payment of a debt, typically one connected to the property. It is the right to retain the lawful possession of the property of another until the owner fulfills a legal duty to the person holding the property. The right of lien generally arises by operation of law, but in some cases it is created by express contract. There are two kinds of liens; particular and general. When a person claims a right to retain property, due to money or labor invested in that property, it is a particular lien. Liens may arise by express contract; from implied contract, as from general or particular usage of trade;
Related Questions
- I am the registered owner of an impounded vehicle and unable to come to the Police Department to obtain a release form. How can I get my car?
- How can a Creditor obtain Court approval to repossess my vehicle or other similar asset?
- How can I obtain proof of sales tax paid to the dealer when the vehicle was purchased?
