In Arizona, a secured creditor has two primary avenues for curing default on a loan agreement: repossession or replevin. Secured creditors generally pursue a writ of replevin in the courts if they are unable to repossess the property without disturbing the peace. Replevin actions are civil and involve the return of the secured property instead of monetary compensation.
Creditors may use replevin if they have perfected their security interest in the property by a UCC-1 filing or by noting a lien on the property — for example, on a certificate of title for a motor vehicle. To obtain a writ of replevin, a creditor must:
- Send a demand letter to the debtor requesting surrender of the property.
- File the required court documents seeking a writ of replevin.
- File an affidavit that proves ownership of the property, a description of the property, its location, and the actual value of the property.
- Execute a bond and deliver it to the sheriff. The bond must be payable to the debtor in an amount no less than double the value of the property.
Once the court orders a writ of replevin, the sheriff will execute that order by taking physical custody of the property. If a debtor successfully challenges the writ of replevin, the creditor is required to pay the assessed value of the property, any damages suffered by the debtor by the seizure of the property, as well as all costs and attorneys’ fees incurred by the debtor.
In addition, the debtor has two days from the execution of the replevin order to post a redelivery bond that is double the value of the property stated in the affidavit. Once the redelivery bond is posted, the property can be returned to the debtor.
Williams Mestaz, L.L.P., provides strong legal advocacy for companies involved in business lawsuits. We are known for using our skills, experience, and cutting-edge technology to get great results, whether after trial or through a favorable settlement. Call us today at (602) 256-9400 and schedule an appointment to meet with us about your case.