Replevin vs. Detinue in Asset Recovery Actions

 Posted on November 14, 2024 in Asset Recovery

When it comes to recovering certain types of assets such as electronics, vehicles, or furniture, two types of actions to which a creditor can turn in Illinois are detinue and replevin. Although related, these two asset recovery actions are different. Both can help a creditor recover property when a debtor has defaulted on their payments. A creditor’s rights attorney can represent a business seeking to use replevin or detinue to recover these types of assets.

Replevin and Detinue Compared

While detinue and replevin are similar in that they are both used to recover smaller assets such as vehicles, there are some key differences.

What is Replevin?

Illinois law provides that when goods have been wrongfully kept or taken, a replevin action may be brought in court to recover those goods to the entity entitled to possession of the goods. In a replevin action, the creditor will take possession of the property temporarily while a lawsuit proceeds. As part of a replevin action, a creditor may obtain a writ of replevin, which is a legal document that authorizes its holder to get back possession of the assets.

What is Detinue?

Through the detinue process, a creditor can compel a debtor in default to return the property that was provided as collateral for the loan to the creditor. If they do not, detinue is a court process whereby a creditor can get the right to retake possession of the property serving as collateral for the loan. Unlike replevin, the court cannot order that property be returned until the litigation is completed.

Legal Process to Retrieve Property Through Replevin

Illinois provides for a specific procedure to obtain assets back through replevin:

• Creditor files replevin suit

• Court holds a preliminary hearing to determine whether to issue a replevin order

• Debtor receives written notice of right to challenge the order for replevin

• A hearing is held to enter the order

• The order is provided to the sheriff’s office

• The sheriff may take possession of the property

Legal Process to Retrieve Property Through Detinue

The process of obtaining property back through detinue is similar to other civil lawsuits:

• Creditor files detinue complaint in court

• Each party offers evidence to make their case

• The court rules on the matter

• If the court rules for the creditor, it may return the property

• If the court rules for the plaintiff, the creditor may have to pay the plaintiff for "wrongful detention." 

Contact a Chicago, IL Asset Recovery Attorney

The law firm of Dimand Walinski Law Offices, P.C. understands the needs of businesses and creditors who wish to recover their assets. Our experienced Cook County IL creditor recovery attorneys understand the law and know how to use it to protect the interests of our clients via a replevin or detinue action. Contact us at 312-704-0771 to book a confidential consultation.