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.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified creditors rights lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local creditors rights attorney to discuss your specific legal situation.