REPOSSESSION & REPLEVIN: MICHIGAN'S CLAIM AND DELIVERY LAW

In Michigan, when a person is wrongfully in possession of personal property, the wronged person may attempt to peacefully recover his property. If the person in the wrong refuses to give up the property, or conceals it, the person entitled to it may take him to court.

In Michigan, this is called "Claim and Delivery." In many other states it is called Replevin. Several examples may be helpful.

1. A bank loans a debtor money for the purchase of an automobile. The debtor fails to make payments. The bank has a note and mortgage securing the debt. They are entitled to the vehicle so that they can sell it and satisfy the debt. A Claim and Delivery action is in order.
2. Another example would be if an individual loans another individual a tractor and the borrower refuses to return it. The owner of the tractor would then bring a Claim and Delivery action.

A Claim and Delivery Complaint sets forth the facts and the court will then set a date (usually within 2 or 3 weeks) to determine the likelihood of the wronged person prevailing. Also, when the court sets a date, it will issue a restraining order against damaging, destroying, disposing of, or concealing the property. It will also issue an order for the defendant to appear in court at a specific date and time.

Usually the case is settled at the first hearing. If not, a trial date is set not far from the date of the first hearing. However, once the first hearing gives the plaintiff's attorney the chance to cross examine the debtor and he admits he is behind in payments, there is usually no need for that trial.

If you have any questions, please do not hesitate to call me at 1-800-980-0507 or e-mail me.

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