Your Right To Replevin
Right to Replevin (Fla. Stat. Sec. 78.01) you have title or other evidence of ownership of personal property. As a lender or lessor of trucks, vehicles, or industrial equipment that ownership may be demonstrated by title and/or UCC-1. In the event the borrower or lessee breaches the contract and wrongfully detains the property, then you may file suit to recover the property.
In the event, that the lender/lessor or borrower/lessee are in different states and the value of the collateral is in excess of $75,000.00 then Weinfeld Law recommends filing suit in Federal Court (28 USC Section 1332). The federal suit should be where the mobile property is presumably garaged. Therefore, in the event you obtain a pre-judgment writ of replevin and the property, by its nature is mobile, then you may register the Order/Writ in another Federal District without delay.
In a case in which the personal property value relegates the case to a state court proceeding, Weinfeld Law recommends you obtain a surety bond for twice the fair market value of the property. Based upon a verified complaint for replevin and posting the bond, then the court will order the issuance of a pre-judgment writ of replevin (Fla. Stat. Sec. 78.068). In the event the property is locked in a garage and/or blocked from easy recovery then Weinfeld Law recommends you petition the court for an ex-parte break order (Fla. Stat. Sec. 78.10). Weinfeld Law recommends you obtain detailed repossession notes and perhaps the agent’s verification to convince the judge to enter a break order. Accordingly, when the civil sheriff meets the recovery agent and the locksmith where the property is located then the sheriff will have a better chance of executing the pre-judgment writ of replevin.
Once the judgment of replevin is entered, the lender and/or lessor may sell or re-lease the property in a reasonable manner. Once the property is sold then you may pursue the claim for breach of contract which should be included in the same action.
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