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A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal's custody or that of another designated official, under order and supervision of the court, until the court determines otherwise.
A replevin bond permits the plaintiff to take possession the property withheld by the defended prior to a hearing. Replevin bonds make sure that if the defendant wins the case, the plaintiff will forfeit the property to them.The court will habitually set the bond amount.
To win a replevin action, you must show that you are entitled to immediate possession of the property. (Note: It is possible to own or have title to property but not have the right to possess it immediately. In that case, you cannot win a replevin action.)
An action seeking return of personal property wrongfully taken or held by the defendant.A writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.
Read all of the paperwork that you receive from the court. Return the vehicle immediately to the rightful owner. Show proof of ownership if you want to dispute the claim. Speak with a licensed attorney in your area.
How Much Do Replevin Bonds Cost? The cost of a replevin bond varies based on your financial information, such as credit and financial statements. Usually the cost of a replevin bond is between 1% and 3% of the total bond amount, and the surety will require collateral equal to the value of the bond.