If you operate a commercial or business enterprise, and need to legally replevy or repossess commercial vehicles, trailers, merchandise or equipment, contact our office today to discuss your matter.
Reclaiming Your Property
Florida permits self-help repossessions of business and commercial property, but only up to a certain point. There can be no “breach of the peace.”
If a self-help repossession is unsuccessful, then a knowledgeable and focused attorney is needed to file an action for replevin. In order to replevy property under Florida Statute 78, the seller/creditor must demonstrate that it has retained title to the commercial truck, business equipment or other property. This right is most often reserved in a “lease to own” agreement or “rent to own” contract that has been executed by the purchaser/debtor.
In a typical replevin action, the Court will enter an Order to Show Cause which requires the debtor to demonstrate why the claimed business property should not be taken from the defendant and delivered to the plaintiff. If the defendant cannot demonstrate good grounds, such as timely payments, then a Writ of Replevin will be issued directing the Sheriff to retake the property.
There are nuances to commercial repossession lawsuits, and FloridaRepossessionLaw.com has the needed skill and expertise to help ensure a successful result. We are lawyers.
We welcome inquiries from manufactures and sellers and their outside counsel who regularly sell commercial trucks and trailers, construction equipment and business merchandise to businesses or individuals located in Florida.
We assist businesses and manufacturers replevy and repossess:
- Commercial trucks and trailers
- Construction equipment, including cranes, loaders and lifts
- Specially manufactured equipment and merchandise
- Medical and diagnostic equipment
- Commercial freezers and refrigeration units