For example, if a creditor has leased a computer to a debtor and the debtor fails to pay the monthly rent, the creditor may be able to take the computer prior to obtaining the final judgment because the creditor has legal title to the computer. Special circumstances are necessary to use the remedy of replevin. In most states, because of due process requirements, a creditor may obtain an order of replevin from a court after the filing of a complaint, notice, and a hearing. The notice and hearing requirement is excepted in extraordinary circumstances such as the imminent removal or damage of the goods. In most states, the sheriff executes the order of replevin and turns the property over to the creditor.
Distraint is a special remedy only available to creditors who are the landlords of real property.
When a tenant's rent is in arrears, a landlord may apply to a court for an order permitting the landlord to seize the debtor's property such as furniture and appliances. If the creditor obtains a judgment for rent, the seized property may be used to satisfy the judgment. A court judgment is obtained after trial or by default if the debtor does not contest the case. The mechanics of obtaining a judgment in state court vary from state to state. A debtor may defend against the creditor's complaint and may file a counterclaim against the creditor if appropriate facts support a counter-claim.