The Firm handles vehicle and equipment repossession matters in all Florida Courts.
In Florida, a secured creditor can utilize self help repossession (i.e. peaceably retaking possession of its collateral from a debtor after default, without resort to legal process). Fla. Stat. §679.503 specifically provides for this remedy.
When self help repossession is not possible, Chapter 78 of Florida Statutes sets forth the judicial remedy of replevin. Replevin is generally used by a creditor seeking to repossess property securing a debt when the location of the collateral is unknown, or when the debtor has locked the collateral in a garage. Under the statute, replevin is available when:
1. The debtor has failed to make payments, or otherwise defaulted on the obligation.
2. The property has been seized or levied by another party, and the creditor wants to protect its rights in the property.
Under Florida Statutes, Chapter 78, replevin actions can proceed in two ways
Order to Show Cause - A lawsuit is filed and an Order to Show Cause is issued by the Court and served on the Defendant. Therefore, the defendant receives notice of the replevin action. The Court sets a hearing on the Order to Show Cause, and the hearing deals with the right to possession of the collateral. In the event the Defendant does not "show cause" why he should be entitled to possession, the Court will authorize the issuance of a Writ of Replevin. The Writ is then given to the Sheriff to serve, and take possession of the collateral. This is the procedure utilized by most creditors.
Pre-judgment Writ - The defendant receives no notice whatsoever of the replevin action. To obtain a Pre-judgment Writ, a lawsuit also is filed and the Plaintiff must post a bond (the bond is for twice the value of the collateral or twice the balance due, "whichever is lesser as determined by the Court"). The Court then issues the Writ of Replevin without notice to the Defendant, and without a hearing (before the lawsuit is served on the Defendant). The Writ is then given to the Sheriff to serve, and take possession of the collateral. After repossession, the Defendant may obtain the return of the collateral by posting a bond within 5 days after service of the writ in the amount of 1 1/4 the amount due on the agreement. This procedure is generally much faster than the Order to Show Cause procedure.
Most of these matters can be handled for a flat fee. The client pays filing and service fees. The Firm does not charge for such costs as postage, copies or telephone calls.
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