Editing Replevin (section)

==Use==
Replevin actions are common and fall into two types of action: if immediate possession of the property is sought and if the party filing the action is content to wait for an adjudication of final rights. In a case in which immediate possession of property is sought, the petitioning creditor is often required to post a bond to protect the defendant against wrongful detention. That approach can be a very powerful weapon in a case of someone holding property wrongly because it deprives the holder of the use of the property while the case is awaiting trial, thereby putting pressure on the holder to settle the matter quickly.

This replevin process falls into two stages:
#the replevy, the steps that the owner takes to secure the physical possession of the goods, by giving security for prosecuting the action and for the return of the goods if the case goes against him and
#the action (suit) of replevin itself (at [[common law]], the ordinary action for the recovery of goods wrongfully taken would be one of [[detinue]]; but no means of immediate recovery liable to be seized).

Replevin is used when the party having the right of property cannot simply invoke self-help and take the property back. If the party has the ability to do so directly, the action is referred to as [[repossession]]. For example, in the states of [[Wisconsin]] and [[Louisiana]], if a person who finances an automobile, becomes a [[registered owner]] of that vehicle and fails to make payments as agreed, the [[lienholder]] cannot simply repossess the vehicle. The lienholder must go to court and obtain an order of replevin.

In many cases, parties initiating a replevin action will elect not to gain immediate possession of the collateral or other wrongfully-held property and will instead file the replevin action without posting a bond.  Once [[service of process]] is achieved, the defendant will likely be required to attend a court hearing on a specific date, then the parties' rights to possession will be adjudicated. A plaintiff creditor can typically prevail in the case by offering testimony and business records showing the borrower/defendant's obligation to pay, and default in payment. The Court will thereafter issue a judgment and authorize issuance of a writ of replevin, which is served by a sheriff's deputy, working in conjunction with persons hired or employed by the creditor to take the collateral or other property into its possession. The sheriff's role is to keep the peace and allow the creditor to get its property, without threat from the borrower. Once the creditor takes the property into its possession, it can sell the collateral, and apply the proceeds to the debt owed by the borrower.

In other cases, replevy is used to prevent damages that may occur from the continued use of an item, such as a public utility meter. In the case of non-payment of a public utility, a meter is typically left on the premise to allow reconnection should the balance due be paid, or if the person owing the bill sells the premise to another person who does not owe arrears to the utility, however, it is possible for one to reconnect the device and continue obtaining the commodity in question. In such cases, the utility could seek replevin for the utility meter itself, thereby preventing this practice.<ref>{{cite web |author1=Public Utility Law Project of New York |title=Replevin (Removal and Seizure of Utility Meters) |url=http://utilityproject.org/wp-content/uploads/2019/02/Ch-8-REPLEVIN-01262019.pdf |access-date=9 December 2019 |date=2018}}</ref>