Repossession allows creditors to take possession of their personal property after default without suing the debtor. Nevada law, however, does not allow self-help repossession if doing so would “breach the peace.” If you are a secured creditor who can’t find or can’t access your collateral, seizure of the personal property through replevin, also known as claim and delivery in Nevada, might be necessary. We can help.
Replevin/Claim and Delivery
A secured creditor can obtain an order from the court authorizing the constable or sheriff to enter a structure to take possession of personal property. In many states this is called replevin.
In Nevada, replevin is achieved through the statutory process called claim and delivery. The claim and delivery process involves obtaining a writ of possession from the court and having the personal property seized by the constable or sheriff.
An order for writ of possession can typically include language allowing the constable or sheriff to break the locks if the personal property is in an enclosed non-residential structure. It can also include language allowing the secured creditor to take immediate possession of the personal property, without having to pay storage or fees for a sheriff sale.
Our attorneys are experienced in the entire process and can answer any questions you may have.
We help collect debt and recover real and personal property owed to banks, private lenders, leasing companies, small-business owners and landlords in Las Vegas, Clark County and throughout Nevada.