Replevin for Lenders
Fortra Law’s Litigation team is fully equipped to represent you in replevin cases. Whether you need to retrieve vehicles, equipment, or any other personal property in California, we can help.
Replevin
With over 7,000 successful cases, Fortra Law’s Litigation & Bankruptcy attorneys are experts in resolution. Our team ensures all procedural requirements are met so lenders can quickly reclaim property and minimize financial loss.
Services include:
- Filing lawsuits to recover possession of collateral and outstanding balances
- Preparing and filing Applications for Prejudgment Writs of Possession
- Coordinating with sheriffs for property retrieval following court orders
- Managing collateral sales or auctions after recovery
- Securing judgments for the remaining loan balance
Lenders often encounter disputes that require skilled litigation, ranging from contract breaches and borrower misrepresentation to guarantor defaults and foreclosure actions.
Our attorneys take a proactive approach to litigation services for lenders, handling these disputes effectively with a thorough understanding of private lending operations and risk mitigation strategies.
Services include:
- Defense and prosecution of borrower lawsuits
- Judicial foreclosures and breach of contract litigation
- Breach of guaranty and fraud litigation
- Construction lending and funds control disputes
- Appointment of receivers and pre-judgment writs
- Trials, appeals, and alternative dispute resolution (arbitration, mediation, and more)
Fortra Law defends lenders in lawsuits, audits, and investigations involving state and federal regulators. Our team has deep experience managing complex compliance disputes and government inquiries that can impact your operations and reputation.
Services include:
- Representation in Securities and Exchange Commission (SEC) matters
- Subpoena response and audit preparation
- Defense in federal civil and criminal forfeiture actions
- Consumer compliance litigation and advisory
Fortra Law’s attorneys maintain an active trial practice and regularly appear in state, federal, and bankruptcy courts across the country. Our team represents lenders in a broad range of real estate, banking, bankruptcy, business, finance, securities, and general civil litigation matters.
Courts of Practice include:
- United States Court of Appeals for the Central District of California
- United States Court of Appeals for the Eastern District of California
- United States Court of Appeals for the Northern District of California
- United States Court of Appeals for the Southern District of California
- United States Court of Appeals for the Ninth Circuit
- Supreme Court of the United States
The Process
A lawsuit is filed against your borrower and guarantor seeking possession of your collateral and the full balance owed according to your contract. At the same time, we file an Application for a Prejudgment Writ of Possession. All of that is then served to your borrower. A hearing is held where the Judge Orders your borrower to return the collateral to you (the “turnover order”). The clerk then issues a Writ of Possession, which we send to the sheriff, who goes to your borrower’s home or place of business and retrieves the collateral. The sheriff holds the collateral for 10 days, then provides it to you. At that point, you are free to auction or sell it in whatever commercially reasonable method you employ.
The remainder of the lawsuit is resolved in the ordinary fashion, leading to a judgment in your favor for the entire balance owed, less the net proceeds of the sale of the collateral.
Litigation Services for Lenders
Lenders often encounter disputes that require skilled litigation, ranging from contract breaches and borrower misrepresentation to guarantor defaults and foreclosure actions.
Our attorneys take a proactive approach to litigation services for lenders, handling these disputes effectively with a thorough understanding of private lending operations and risk mitigation strategies.
Services include:
- Defense and prosecution of borrower lawsuits
- Judicial foreclosures and breach of contract litigation
- Breach of guaranty and fraud litigation
- Construction lending and funds control disputes
- Appointment of receivers and pre-judgment writs
- Trials, appeals, and alternative dispute resolution (arbitration, mediation, and more)
Regulatory and Compliance Litigation
Fortra Law defends lenders in lawsuits, audits, and investigations involving state and federal regulators. Our team has deep experience managing complex compliance disputes and government inquiries that can impact your operations and reputation.
Services include:
- Representation in Securities and Exchange Commission (SEC) matters
- Subpoena response and audit preparation
- Defense in federal civil and criminal forfeiture actions
- Consumer compliance litigation and advisory
Trial, Appellate, and Nationwide Litigation Practice
Fortra Law’s attorneys maintain an active trial practice and regularly appear in state, federal, and bankruptcy courts across the country. Our team represents lenders in a broad range of real estate, banking, bankruptcy, business, finance, securities, and general civil litigation matters.
Courts of Practice include:
- United States Court of Appeals for the Central District of California
- United States Court of Appeals for the Eastern District of California
- United States Court of Appeals for the Northern District of California
- United States Court of Appeals for the Southern District of California
- United States Court of Appeals for the Ninth Circuit
- Supreme Court of the United States
Our Services
Corporate Business Law
Securities & Capital Markets
Our Services
Corporate & Securities
Banking & Finance
Litigation & Bankruptcy
Why Choose Us
Fortra Law is the nation’s largest law firm dedicated almost exclusively to the private/non-conventional lending space and is the leading legal resource for specialty lenders, asset-based lenders, private lenders, and non-bank institutions. Our legal departments include Banking & Finance, Corporate & Securities, and Litigation & Bankruptcy, offering lenders a vertically integrated suite of services while our Fortra Conference Line provides networking and educational opportunities to the industry at large. Reach out today to see how we can partner together.
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