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repo
03-15-2012, 8:38pm
Can you do a replevin on a dead guy and when he doesn't respond in Court bust the door down?

lspencer534
03-16-2012, 8:34am
Can you do a replevin on a dead guy and when he doesn't respond in Court bust the door down?

Uh...no.

Sea Six
03-16-2012, 8:44am
What if the person doing the replevin didn't know the guy was dead?

lspencer534
03-16-2012, 9:20am
What if the person doing the replevin didn't know the guy was dead?

The only way to do a replevin against a dead guy is to file it against his estate, assuming one has been opened. Then you have to get a Court order to bust down any doors, which the Court may or may not give you. The Sheriff isn't gonna bust down any doors on his own.

I didn't say this, but if the guy's dead, who's the wiser about a busted door?

DAB
03-16-2012, 9:30am
replevin

A what????

Care to enlighten us?

Sea Six
03-16-2012, 9:33am
replevin

A what????

Care to enlighten us?

Do you really want me to google that for you?

lspencer534
03-16-2012, 10:37am
replevin

A what????

Care to enlighten us?

A replevin is a legal action to recover personal property. In some States they're called "Claim and Delivery". Automobile replevins are probably the most common type; if a customer defaults in his payments and won't give the finance company the vehicle, then it files a repleving action to recover the car.

There are usually two kinds of replevins: The first is used where immediate possession of the car is not sought. The finance company files the replevin, a summons is served on the customer, the Court holds a hearing, and if the customer is shown to be in degault, a Judgment issues directing the Sheriff to pick up the car.

The other kind is where immediate possession of the vehicle is sought. The replevin is filed, the finance company posts a bond, the Court directs the Sheriff to seize the car, then a hearing is held to see if the finance company is entitled to the car.

Either type typically moves pretty fast in Court, 30-60 days.

mrvette
03-16-2012, 11:30am
A replevin is a legal action to recover personal property. In some States they're called "Claim and Delivery". Automobile replevins are probably the most common type; if a customer defaults in his payments and won't give the finance company the vehicle, then it files a repleving action to recover the car.

There are usually two kinds of replevins: The first is used where immediate possession of the car is not sought. The finance company files the replevin, a summons is served on the customer, the Court holds a hearing, and if the customer is shown to be in degault, a Judgment issues directing the Sheriff to pick up the car.

The other kind is where immediate possession of the vehicle is sought. The replevin is filed, the finance company posts a bond, the Court directs the Sheriff to seize the car, then a hearing is held to see if the finance company is entitled to the car.

Either type typically moves pretty fast in Court, 30-60 days.

FAST??? 3 days is more like it.....:dance::lol:

lspencer534
03-16-2012, 12:08pm
FAST??? 3 days is more like it.....:dance::lol:

Replevins came under scrutiny in the 1970s by the U.S. Supreme Court when it declared the process unconstitutional. Most replevin statutes at that time authorized a writ of replevin to be issued by the Clerk of the Court--"due process" of law was being thwarted. Now the Judge is the only one with that authority, plus the defendant must receive ample notice of the hearing.

In the Court system, 30-60 days is fast, when trials often occur years down the road.

repo
03-16-2012, 1:53pm
The only way to do a replevin against a dead guy is to file it against his estate, assuming one has been opened. Then you have to get a Court order to bust down any doors, which the Court may or may not give you. The Sheriff isn't gonna bust down any doors on his own.

I didn't say this, but if the guy's dead, who's the wiser about a busted door?

The nosy neighbors. Got a 2010 Cobalt in a garage, dude is dead, no estate. has a 23 year old nephew 7 hours away who came and dragged his body out of the morgue and buried him. Neighbors took dog and gave away on Craigslist.:sadangel:

Nephew came to town and he and the neighbor put 2 x 8's across the back access door to keep skenky girlfriend out. Problem is, if door was somehow unlocked :leaving:, pushing in would go against 2 bys.:kick:

Guy was a (retired dr), and his girlfriend used him for his scripts and the money he was getting from his reverse mortgage. :shots:

The electric door doesnt even have a touch pad on the outside or I could figure something out.

It could take a year or 2 for the bank to foreclose.:kick:

repo
03-16-2012, 1:55pm
:iagree: Rarely used here due to cost. Roughly 3k.A replevin is a legal action to recover personal property. In some States they're called "Claim and Delivery". Automobile replevins are probably the most common type; if a customer defaults in his payments and won't give the finance company the vehicle, then it files a repleving action to recover the car.

There are usually two kinds of replevins: The first is used where immediate possession of the car is not sought. The finance company files the replevin, a summons is served on the customer, the Court holds a hearing, and if the customer is shown to be in degault, a Judgment issues directing the Sheriff to pick up the car.

The other kind is where immediate possession of the vehicle is sought. The replevin is filed, the finance company posts a bond, the Court directs the Sheriff to seize the car, then a hearing is held to see if the finance company is entitled to the car.

Either type typically moves pretty fast in Court, 30-60 days.

NB2K
03-16-2012, 1:58pm
The nosy neighbors. Got a 2010 Cobalt in a garage, dude is dead, no estate. has a 23 year old nephew 7 hours away who came and dragged his body out of the morgue and buried him. Neighbors took dog and gave away on Craigslist.:sadangel:

Nephew came to town and he and the neighbor put 2 x 8's across the back access door to keep skenky girlfriend out. Problem is, if door was somehow unlocked :leaving:, pushing in would go against 2 bys.:kick:

Guy was a (retired dr), and his girlfriend used him for his scripts and the money he was getting from his reverse mortgage. :shots:

The electric door doesnt even have a touch pad on the outside or I could figure something out.

It could take a year or 2 for the bank to foreclose.:kick:

2010 Cobalt + retired dr

This country has went right to hell.