What does it mean if a creditor brings a replevin action against me?

A replevin action is an action in which a creditor takes a property or where a property is held for a creditor prior to a formal judgment being reached. For example, if the creditor that holds your car loan is suing you because you haven't paid your car bill, they may begin by bringing a replevin motion before the formal lawsuit gets underway. In this case, the car can be taken for their benefit even if they haven't yet won their case and gotten a judgment against you in court.

Replevin is similar to another type of legal action, called an attachment, where property is taken in anticipation of a potential judgement against you. However the major difference is that in replevin action, the creditor who is bringing the action actually has a greater interest in the particular piece of property than you do. For example, in the case of a car note, the car is the collateral or the security for the car. In most instances, the creditor will actually hold title to the vehicle until the car note has been paid off. In other words, they actually have more of a claim to the vehicle then you do, even though you are the one who is in possession of it and driving it around.

If you have been informed your creditor has brought a replevin action against you, you need to call a lawyer right away to find out how you must respond, when you must go to court and what you must do to try to resolve the situation and keep your possessions.