Section 5 Replevin

• Library: Secured Transactions 2005

If a secured creditor is unable to peaceably repossess the collateral, it will be required to utilize the judicial procedure of replevin to obtain possession of the collateral. In Missouri, the procedures to effectuate a successful replevin are covered in Rule 99. See also §§ 533.010–533.250, RSMo 2000. The process begins, similar to other civil litigation, by the secured creditor filing a petition for replevin and serving the petition on the borrower. See Rules 99.01 and 99.02; § 533.010. If immediate

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