Replevins / Asset Recovery Attorneys | Dennis LeVine & Associates | Board Certified | Consumer & Business | Representation In All Florida Courts | Tampa Florida
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Replevins / Asset Recovery

Florida Statute 679.503, Chapter 78

Order to Show Cause - A lawsuit is filed and an Order to Show Cause is issued by the Court and served on the Defendant. Therefore, the defendant receives notice of the replevin action. The Court sets a hearing on the Order to Show Cause, and the hearing deals with the right to possession of the collateral. In the event the Defendant does not "show cause" why he should be entitled to possession, the Court will authorize the issuance of a Writ of Replevin. The Writ is then given to the Sheriff to serve, and take possession of the collateral. This is the procedure utilized by most creditors.

Pre-judgment Writ - The defendant receives no notice whatsoever of the replevin action. To obtain a Pre-judgment Writ, a lawsuit also is filed and the Plaintiff must post a bond (the bond is for twice the value of the collateral or twice the balance due, “whichever is lesser as determined by the Court”). The Court then issues the Writ of Replevin without notice to the Defendant, and without a hearing (before the lawsuit is served on the Defendant). The Writ is then given to the Sheriff to serve, and take possession of the collateral. After repossession, the Defendant may obtain the return of the collateral by posting a bond within 5 days after service of the writ in the amount of 1 1/4 the amount due on the agreement. This procedure is generally much faster than the Order to Show Cause procedure.

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Flat Fees for Most Cases
Hourly billing by attorneys simply is no longer the standard in the legal field. Clients want to know from the beginning the amount of legal fees they will incur for each matter. The Firm bills a majority of its work on cases on a flat fee. Flat fees provide cost certainty so bankruptcy and collection departments budget for their legal costs more accurately.
Dennis LeVine has been recognized in the Florida Super Lawyers 2014 magazine. Mr. LeVine was listed as one of Florida’s leading attorneys in the "Bankruptcy & Creditor/Debtor Rights" category. Mr. LeVine is one of only seven (7) attorneys in Florida that is Board Certified in both consumer bankruptcy law and business bankruptcy law.
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