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. The process of starting a replevin action usually begins with filing a complaint.This document directs the defendant to return the property to the rightful owner. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. A creditor may be able to file a detinue complaint against the borrower, asking the court to require the debtor to turn over the property or face consequences. What will happen if a writ of replevin is issued against myself for a financed vehicle that I no longer have possession of? The county in which the subject of action, or any part thereof, is situated, is a proper county in which to commence and try the following actions. Generally speaking, the plaintiff must only prove that he has a legal right to possess the property. He does not have to prove that he has a DMV title. This complaint will describe the property that is being repossessed.
