Repossession vs Replevin – what is the difference? Click here for definition of Repossession. A Replevin is basically the repossession of collateral (ie: vehicle, furniture, etc) that could not be done without breaching the peace (ie: car locked in garage, furniture locked in house, etc) so the creditor seeks help from the court and this is called a Replevin Order or Writ of Replevin. With a replevin lawsuit, the court provides the creditor an order from the court requiring you to give back the collateral to the creditor. If you do not follow the court order, you will be subject to penalties.
Unlike repossession, a replevin entitles you to some due process before the creditor can take the collateral (property) from you. This means you must receive written notice of the creditor’s intent to get a replevin order, you have an opportunity for a hearing, you will receive written notice of the time, date, and location of the hearing, and you have the right to dispute and/or respond to the complaint. The time to respond and/or request a hearing varies by state, but it is typically short.
A replevin can apply to different situations, including a circumstance of where two parties both have rights to the possession of property, but one party might have more rights to that property than the other party. It can also apply to situations where property that has been lawfully withheld but should have been released later to a person, but was not released.
2013 Mississippi Code Title 11 – CIVIL PRACTICE AND PROCEDURE
Chapter 37 – REPLEVIN – § 11-37-101 – How replevin commenced; immediate seizure of property sought
If any person, his agent or attorney, shall file a complaint under oath setting forth:
(a) A description of any personal property;
(b) The value thereof, giving the value of each separate article and the value of the total of all articles;
(c) The plaintiff is entitled to the immediate possession thereof, setting forth all facts and circumstances upon which the plaintiff relies for his claim, and exhibiting all contracts and documents evidencing his claim;
(d) That the property is in the possession of the defendant; and
(e) That the defendant wrongfully took and detains or wrongfully detains the same; and shall present such pleadings to a justice of the Supreme Court, a judge of the circuit court, a chancellor, a county judge, a justice court judge or other duly elected judge, such justice or judge may issue an order directing the clerk of such court to issue a writ of replevin for the seizure of the property described in said complaint, upon the plaintiff posting a good and valid replevin bond in favor of the defendant, for double the value of the property as alleged in the complaint, conditioned to pay any damages which may arise from the wrongful seizure of said property by the plaintiff. The said writ shall be directed to the sheriff or other lawful officer, returnable as a summons before the proper circuit or county court where the value of the property, as alleged in the complaint, exceeds the jurisdictional amount of the justice court, or to the circuit or county court or the proper justice court if the value shall not exceed such amount. The complaint along with the order of the court, the writ of replevin with the officer’s return thereon, and the bond of the plaintiff shall be filed in the proper court at once. Writs of replevin may be made returnable to the proper court of another county where the property may be found.