Florida law provides for two alternative procedures for replevin –
A: Order to Show Cause
B. Pre-judgment Writ
Clients can SIGNIFICANTLY reduce the amount of time it takes to obtain a Writ of Replevin by posting a bond and obtain a Pre-judgment Writ. We can process replevin files more quickly where a client (1) provides a completed Affidavit with each referral, and (2) provides the name and a local phone number of your agent/towing company who will assist the Sheriff with the replevin.
Since there is no Order to Show Cause hearing in this process, we can save as much as 90 – 120 days off the process in obtaining the Writ of Replevin. Should you wish to post Bonds rather than having a hearing, the referral should be specifically identified as “Pre-Judgment Replevin” so we can quickly identify which files you want to post a bond. In the alternative, we can make general rule to prepare prejudgment replevin for all files unless instructed otherwise. For clients who choose to post a bond and obtain a prejudgment Writ of Replevin, we obtain the Writ in approximately 25 days after filing the Complaint.
Documents and Information Required to file Replevin
Summary of the replevin process in our office (bond issued)
Completion of the Replevin Process
The car should be held when writ served. Once the collateral is recovered by using the pre-judgment Writ, the defendant may obtain the return of the collateral by posting a bond in the amount of 1 1/4 the amount due on the agreement within 5 days after service of the writ. If this occurs (which is very rare), the Court will hold a final hearing on the right to possession.
The creditor cannot sell the collateral until it obtains a final order of replevin. We submit a Motion and proposed Order to the Court 20 days from the date of repossession. Once this Order is entered, we provide the same to our client and advise the collateral may now be sold. Of course, the sale must be made after notice to the defendant and sold in a commercially reasonable manner according to state law adopting the Uniform Commercial Code.
Collateral Being Hidden or in a Locked Space
When property is concealed in a house or garage, or is being hidden and not voluntarily surrendered to the Sheriff, Florida law provides the Sheriff may “cause such house, building or enclosure to be broken open”. To do this, the creditor must first obtain a “break order” from the Court. A break order can only be requested by filing a Motion after an unsuccessful attempt to serve the Writ.
Contact Alison Walters at:
Phone: (800) 519-7681
DISCLAIMER: This article is provided as a courtesy and is intended for the general information of the matters discussed above and should not be relied upon as legal advice. Neither Kelley Kronenberg, nor its individual attorneys or staff, are responsible for errors, omissions and/or typographical errors – always seek competent legal counsel.