Creditors Rights Law

What Is A Replevin?

In Minnesota, a creditor is allowed to take possession of certain property after serving the debtor with a Summons and Complaint, prior to the entry of judgment. This is accomplished by initiating a replevin action, which typically requires a creditor to post a bond for 1­1/4 to 1­1/2 times the value of the property. The replevin action in Minnesota requires the filing of an affidavit by counsel for the creditor specifically setting forth the basis for the creditors right to possession of the property. Typically, a replevin action is initiated when the creditor has a perfected security interest in specific property. Although Minnesota usually allows a creditor to practice self­help, a replevin action is recommended when self­help will breach the peace.