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 you default on your car loan payments, the lender can take your car back through repossession or replevin.Learn the difference. The process of starting a replevin action usually begins with filing a complaint. You are entitled to repossess your property if you can do so without a "breach of the peace. A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property. Replevin is a provisional remedy that is usually ordered before a judgment. Property can be subject to replevin or repossession when the debtor defaults, or fails to pay, under a contract. Remember that credit application that you filled out? If any money is left after the sale and debt, the creditor must pay it to you.
