Replevin and Impound Recovery Attorneys for Auto Lenders and Credit Unions
ABOUT US
Tatman Legal is a full service, multi-state law firm practicing in AZ, CA, FL, OR, TX, and WA.
Our clients include mortgage lenders, credit unions, loan servicing companies, private & commercial real-estate investors.
Replevin/Impound Recovery Services at Tatman Legal
Replevin and Impound Recovery for Auto Lenders and Credit Unions
When a borrower will not surrender financed collateral, or a tow yard is holding it against a storage bill, Tatman Legal files the action that returns the vehicle to the lienholder. We represent banks, credit unions, auto finance companies and their referral counsel in replevin, claim and delivery, and sequestration actions across Arizona, California, Florida, Oregon, Texas and Washington, and we defend lienholders against tow yard and repair shop lien sales. Our firm’s accreditations include HUD approval and FNMA approval in California.
What We File, by State
| State | Action | Statute | Notes for the referring lender |
|---|---|---|---|
| California | Claim and delivery with writ of possession | Code Civ. Proc. 512.010 et seq. | Ex parte writ available on a showing of risk to the collateral; the sheriff levies |
| Arizona | Replevin | A.R.S. 12-1301 et seq. | Prejudgment replevin with bond; self-help repossession under A.R.S. 47-9609 remains available without a breach of the peace |
| Washington | Replevin | RCW 7.64 | Order to show cause and bond; the sheriff takes possession |
| Oregon | Claim and delivery | ORS 105.005 et seq. | Prejudgment order after hearing, or ex parte on an emergency showing |
| Texas | Sequestration | Tex. Civ. Prac. & Rem. Code ch. 62 | Prejudgment writ on affidavit and bond, combined with suit on the note |
| Florida | Replevin | Fla. Stat. ch. 78 | Prejudgment writ on verified petition and bond; Tatman Legal appears through Darren J. Devlin |
Impound and Tow Yard Lien Sale Defense
A storage lot’s lien is capped and its notice must be perfect. We audit the notice against the statute, tender the lawful amount, and sue when the yard sells anyway.
| State | Lien statute | Lienholder protection |
|---|---|---|
| California | Civ. Code 3068 to 3074; Veh. Code 22851 | Storage lien capped against the legal owner; a lien sale requires DMV notice to the lienholder |
| Washington | RCW 46.55 | The registered tow operator must notify the legal owner; redemption before auction |
| Oregon | ORS 87.152 to 87.212; ORS 819.160 | Notice to the security interest holder of record before sale |
| Arizona | A.R.S. 33-1022 | Abandoned vehicle process through ADOT; lienholder notice |
| Texas | Tex. Prop. Code 70.001 to 70.008 | Worker’s lien on the vehicle; notice to the lienholder before sale |
How a Referral Moves
- Day 0. Referral acknowledged, contract and title reviewed, borrower and VIN verified against the signed contract.
- Day 1 to 3. Required pre-suit and federal debt collection notices sent where the account qualifies.
- Day 30 to 45. Complaint and application for prejudgment writ filed once the notice periods run.
- Writ issued. The sheriff or constable recovers the vehicle; we coordinate with the lender’s repossession agent and transport.
- Post-recovery. Sale, deficiency judgment where the lender elects it, and closing report.
What to Send with a Referral
- Signed retail installment contract or lease
- Title or lien filing showing the lender as legal owner
- Payment history and payoff
- Last known addresses for the borrower and any co-borrower
- Any impound, tow or lien sale notice received
Questions Lenders Ask
Can we repossess without a court order?
Yes, in most of our states, if it can be done without a breach of the peace (UCC 9-609). Replevin is for the vehicle that is hidden, garaged or held by a third party.
How long does replevin take?
A prejudgment writ is typically obtained within 30 to 60 days of filing, depending on the county and whether the borrower contests.
Can we recover the deficiency?
Yes. We plead the note claim in the same action so the lender leaves with both the vehicle and a judgment.
Do you handle stripped or damaged vehicles at tow yards?
Yes. We pursue the yard for conversion where the sale or the storage charges violate the statute.
Where can I read more?
See our guides to auto replevins in California, Oregon and Washington and auto replevins in Arizona and Texas.