Replevin

A Replevin is a statutory remedy seeking a court order granting possession in collateral or property by virtue of a security interest or a claim of ownership. Once granted, a local Sheriff can execute upon the order thereby giving the creditor state law protections that it does not have when it exercises its common law repossession rights. The debtor, however, also has protections. It receives notice of the action, may request a hearing and in some cases the law requires a creditor to post a bond protecting the debtor if the action is wrongful.

At KWA we have brought Replevin actions on behalf of our clients to recover cars, boats, construction equipment, tools of the trade, jewelry and other personal possessions and have been doing so since we began our practice in 1985. We understand, however, that a successful replevin is not only based upon knowledge and experience but upon paying attention to detail. Most attorneys within the creditors rights field can file a Replevin. They may not, however, invest the time and attention to help clients procure a bond, skip trace to reduce service delays, and work closely with the local Sheriffs’ to secure and deliver possession. We have the legal experience, practical know how, industry collection/skip tracing tools and we have built strong relationships to maximize the opportunities to recover your collateral as quickly as possible. In addition, clients can log onto our dedicated web portal and follow the progress of their claim through our notes, and they can obtain scanned copies of our legal pleadings and track all court costs.

Some clients have additional rights and claims which we can protect. They include second causes of action for past due rentals or deficiency balances, civil actions for conversion, and emergency orders of possession in circumstances where goods may spoil or where they may be in danger of being removed from the courts’ jurisdiction. Additionally, we can also file a Motion to Show Cause why a debtor should not be held in contempt in the event they refuse to comply with a court order of possession.

Our Replevin services are comprehensive and can provide a creditor with the relief and protections it has by contract and Ohio law. Below is a list of the Replevin related services we can provide:

  • Pre-Replevin Demand Letters
  • Skip Tracing (reduces service delays)
  • Emergency Order of Possession
  • Bond Posting Assistance
  • Final & Permanent Orders Granting Possession
  • Defense Litigation (disputed claims of possession)
  • Accompany Sheriff (during execution of order)
  • Avoidance of Storage Fees
  • Actions for Conversion
  • Second Causes for Money Due
  • Show Cause Motions

Our Fees
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Our Fees

Our fees are competitive and conform to industry standards. In most instances, the following fee arrangements are available:


1. Collection matters are handled on a contingency fee basis, but an hourly option is available and sometimes requested by clients who hold large balance claims. At a clients’ request, fees for collection matters can be billed on a per item flat fee basis for letters, pleadings, motions, and executions.


2. Uncontested foreclosures and related bankruptcy and eviction matters are most often billed on a flat fee basis according to the Fannie Mae guidelines. Contested matters, and counterclaims, generally require additional flat fee or hourly billing, subject to client approval;


3. Uncontested replevin cases are also handled on a flat fee basis. If the right to recover possession is opposed, the matter is converted to an hourly fee basis, upon client approval;


4. Mechanic’s lien matters are treated the same as replevin cases, unless they involve multiple properties, or otherwise relate to unusual subject matter;


5. Our firm is also pioneering the availability and use of alternative fee arrangements (“AFA’s”) for legal services that have traditionally been billed hourly. The availability of AFA’s is a product of our firm’s ambition to deliver legal services in an efficient and cost-effective manner, and help clients more effectively forecast and contain costs. AFA’s are available for an ever expanding range of matters, including litigation defense, discovery disputes, and appellate practice.

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