These actions are brought on behalf of a secured creditor for the sole purpose of obtaining possession of their collateral (tractors, mobile homes, cars, etc.). These claims are sometimes referred to as a Claim & Delivery or "C&D" action by creditors. There are five (5) steps that the firm will take on behalf of the client in these types of claims.

First, the claim is loaded into our Collection Partner computer system that is collection-tailored software that was designed and patented by the firm in 1985. An acknowledgment of claim is forwarded to our client. This acknowledgment contains our file number as well as the flat fee rate by which the claim was accepted. Second, a request for a bond and affidavit is filed by attorney J. Paul Clinton, the managing attorney of the Collection Department. Third, approximately fourteen (14) days later the Replevin is filed for the client. Fourth, a hearing on the writ is set, and attorney Clinton will attend. Or, depending on the location, he will have local counsel attend the hearing in his place. And lastly, the service is obtained and delivered to our client so that the collateral may be seized without violation of the debtor's rights.

It can be very frustrating for a creditor who is having a difficult time locating and/or seizing their collateral. A Detinue/Replevin Claim can solve any of these problems and provide a creditor with the necessary tool to take back what is rightfully theirs. Attorney J. Paul Clinton has served as counsel for this type of claim in Mississippi and Alabama, and has a vast knowledge of the law as it pertains to deficiencies. If you are not familiar with this type of claim or would just like further information, feel free to contact us with questions or comments.