What is Replevin?
Replevin is a civil collection action that allows a plaintiff to recover personal property from someone who wrongfully withholds it. This type of case usually comes up when a borrower pledges personal property to secure a debt, whether personal or business, and gives the creditor the right to recover the property upon a breach of the loan agreement.
Then that day happens, the borrower breaches the loan agreement, often times due to the failure to timely pay. The creditor then proceeds to file a replevin action against the borrower in order to recover possession of the personal property for the purpose of liquidating it and paying down the outstanding debt.
Liquidation of the personal property rarely results in sale proceeds that are sufficient to pay off the debt, or that equal the true fair market value of the personal property sold. Instead, replevin can actually aggravate the debt problem, putting you in a worse position, financially speaking, and making it more difficult for you to pay the debt.
Ways to Defeat a Replevin Action
The plaintiff has the burden to prove its case. If the plaintiff doesn’t prove that it’s entitled to recovery of the personal property under the circumstances, or doesn’t strictly follow the rules for replevin, the judge will rule against the plaintiff. They lose.
You can try to defend against the replevin action if you have a legal or factual defense to the plaintiff’s lawsuit. But if you don’t have a strong argument to defeat the plaintiff’s case and are interested in alternatives to litigation, you can choose to:
- turn over the personal property to the plaintiff voluntarily,
- try to negotiate a settlement of the replevin action to either avoid turning over some or all of the property and/or reduce the amount of the debt owed, or
- file for bankruptcy relief to keep your property and either reorganize or discharge the debt at issue.
Free Initial Consultation with a Replevin Lawyer
To find out more about replevin and debt relief, call (314)721-2525 or contact us online to schedule a free consultation with me, Nancy Stokley Martin, a Missouri replevin attorney. I will be here to answer all of your questions and give you trustworthy legal advice. I offer a 30-minute initial consultation free of charge during regular business hours. The law office is located at 150 North Meramec Avenue, Suite 400, St. Louis, Missouri 63105, where we offer private and convenient parking free of charge.
I help people in St. Louis, St. Charles, Chesterfield, Ballwin, Creve Coeur, Maryland Heights, Ladue Manchester, Kirkwood, Webster Groves, Wildwood, Bridgeton, Fenton, Eureka, Ellisville, Des Peres, Clarkson Valley, O’Fallon, St. Peters, Clayton, Olivette, Warrenton, Florissant, Hazelwood, and Frontenac. This includes the municipalities within St. Louis County, St. Charles County, Jefferson County, Franklin County, Warren County and Lincoln County.