May 13, 2013 1:59 PM

How is this process different from replevin, or are they one & the same?

Black's: Replevin. An action whereby the owner or person entitled to repossession of goods or chattels may recover those goods or chattels from one who has wrongfully distrained or taken or who wrongfully detains such goods or chattels. Jim's Furniture Mart, Inc. v. Harris, 42 Ill.App.3d 488, 1 Ill.Dec. 175, 176, 356 N.E.2d 175, 176. Also refers to a provisional remedy that is an incident of a replevin action which allows the plaintiff at any time before judgment to take the disputed property from the defendant and hold the property pendente lite. Other names for replevin include Claim and delivery, Detinue, Revendication, and Sequestration (q. v.). Under the following conditions a buyer of goods may have the right of replevin: "The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered." See U.C.C. § 2-711(2)(b); — 2-716(3).

Happy Ending Stuart Stone ?? Where & how much $$??

Not yet, but another piece of the puzzle...

My quandary in this process is how to enforce a default judgement/ex parte order eg: get the sheriffs involved to seize property at the place of business of the defaulted party or some other method...

Using this process, the lien/judgement can just be on sold to a third party/financial institution (at 30% discount for example or some other agreed upon value), I take the cash & they can enforce it how they see fit as holder in due course.

I want to be sure I have the pieces in place before I jump

@stuart, that is precisely what I was saying earlier. why bother the sherrif when i'll gladly take 50% or more from a 3rd party sell off of the debt. let some bank handle it like they do to us.

dont forget to file the FEE SCHEDULE with the state, one 1933 $20 piece of GOLD per hour.

Absolutely, if it's a credit card agreement from 5 years ago, or an old mortgage from 10 years ago that I didn't even realise I had rights to, then any return is a bonus...

Throw the banks a bone so they can do the leg work & offer a 30-50% discount off face value...Put in the notice to the defaulting party that every minute overdue from 30 days after the initial bill will accrue a $1/£1 charge for refusing to release my property (negotiable instrument/credit agreement/promissory note), 30 days amounts to an extra $43200.00. That offsets any discount offered to the banks buying the note.

I have worked in relatively poor communities where there are people constantly receiving threats from debt collectors, having their wages garnished, property seized etc...it's about time the tables got turned back in favour of the little guy :-)