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Question:
What procedures are involved when I file for a replevin?

Answer:
File the necessary paperwork with the Clerk of the appropriate Court. After we receive the replevin from the Clerk's office, the property will be appraised.

You must then post a bond with us for twice the appraised value within 24 hours. If a defendant posts the redelivery bond within 24 hours of the levy and prior to receipt of the plaintiff's undertaking and / or delivery, the property will be returned to the defendant.

Costs and sheriff's fees vary depending upon what is being seized. Towing and storage charges for vehicles for example, and other costs vary widely depending upon the circumstances.

State statute 33-120 allows a sheriff's office to demand advance payment for costs associated with executing a replevin. We will estimate these costs and it is your responsibility to pay these costs prior to execution of the replevin. Failure to pay sheriff's fees and costs in advance will result in the replevin being returned unsatisfied for failure of the attorney to pay costs.

 

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