However, the order of attachment usually requires a hearing before a judge. If the statutory standards are met, the judge directs the order of attachment to the sheriff. For example, a creditor may use the remedy of attachment when the debtor has only a few assets and those assets are unlikely to be around if the creditor obtains a court judgment. Replevin is a remedy allowing a creditor to recover possession of personal property when the creditor has title to that property or a right of possession. 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.