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. It is a lawsuit for breach of contract, combined with prejudgment remedies seeking recovery of your collateral.Geraci LLP's Litigation team is fully equipped to represent you in replevin cases. The process of starting a replevin action usually begins with filing a complaint. If you default on your car loan payments, the lender can take your car back through repossession or replevin. Learn the difference. Look specifically for the "Complaint for Replevin" form and the accompanying summons form. (Claim and Delivery). 1. In situations of car repossessions, for example, it is usually in the best interest of the plaintiff to retrieve the car before the court proceedings begin. Instead, the lender must obtain a court order called replevin to collect the vehicle.
