CALIFORNIA CLAIM AND DELIVERY 1. WHAT IS A CLAIM AND DELIVERY? A claim and delivery is a pre-judgment remedy filed on behalf of a secured creditor to obtain possession of collateral which secures a debt that is presently in default through a court proceeding. A claim and delivery order authorized the sheriff, after a court hearing, to enforce the court's order by seizing the collateral and holding it for ten days before giving possession of the vehicle back to the secured creditor. 2. WHAT ARE SOME OTHER NAMES FOR CLAIM AND DELIVERY? Replevin, sequestration, writ of possession, or detinue. 3. WHAT COLLATERAL IS USUALLY SUBJECT TO A CLAIM AND DELIVERY? Cars, trucks, and commercial inventory. 4. WHAT ARE SOME OF THE OTHER TYPES OF COLLATERAL SUBJECT TO A C&D? Every year, Winn and Sims successfully files hundreds of claim and delivery motions. These lawsuits result in the repossession of hundreds of cars, motorcycles, boats, commercial trucks and trailers, (and fleets of trucks and trailers), mobile homes, machinery, dry cleaning equipment, airplanes, hot dog carts, and heavy construction equipment. We also file many commercial inventory financing claim and deliveries where our client has wholesale financed a retail sellers inventory. 5. WHO CAN WE FILE A CLAIM AND DELIVERY AGAINST AND WHAT IS THE PROCEDURE? You can sue your customer who has defaulted on their secured loan and anyone else who is either in possession of your collateral or who claims an ownership or possessory interest in the collateral, including spouses, the friend, relative or business partner who is driving the car, and/or the garage or shop who is in possession of the vehicle. The court can, after service of the pleadings and motion on the defendant in possession, order the sheriff to go out and seize the vehicle. The court can also order the defendant to surrender possession of the collateral or be potentially held in contempt of court. When we appear at a Claim and Delivery motion, one form signed by the Judge contains an Order requiring the defendant to surrender possession of our client's collateral. A defendant's failure to comply with that Court's Order is potentially punishable by a Contempt of Court proceeding after personal service of the Order. Our process servers strongly suggest that we supply them with a legible copy of the defendant's driver's license or a good physical description. This helps in all situations where personal service is required (i.e., Subpoenas or Orders to Show Cause re contempt on Claim and Deliveries, or for Judgment Debtor examinations). 6. WHAT CAN THE SHERIFF DO THAT YOUR REPOSSESSOR CANNOT? By law, a repossessor can use "self-help" to seize secured collateral where the debtor is in default. The repossessor cannot "breach the peace" to seize the vehicle. After a successful claim and delivery hearing, the court issues a writ of possession order authorizing the sheriff to take possession of the collateral using whatever means necessary including, if necessary, entering locked garages, locked fences, or moving other vehicles that are blocking your vehicle. 7. DOES THE CREDITOR HAVE TO APPEAR AT THE CLAIM AND DELIVERY HEARING? No. We appear as your attorney of record. 8. WHAT TYPES OF DEFAULT ALLOW A CREDITOR TO FILE A CLAIM AND DELIVERY? The debtor's failure to make payments or lapsed insurance are the two primary acts of default allowing the filing of a claim and delivery. 9. DO YOU HAVE TO FILE A SEPARATE LAWSUIT TO COLLECT THE DEFICIENCY? No. Our complaint includes causes of action which allow us to obtain a deficiency balance judgment once the vehicle has been repossessed and sold. The complaint also permits us to get a money judgment if the vehicle is totaled, not worth repossessing or has disappeared. 10. WHAT IF I HAVE OTHER QUESTIONS? Creditors are encouraged to email or call our office with questions on this subject. Please note that we do NOT represent debtors and will NOT respond to questions from debtors to prevent any potential conflict. 11. HOW DO I START A CLAIM AND DELIVERY? Call us or email us to discuss the factual situation and to obtain the approximate fees and costs for a claim and delivery. We suggest that you use the Claim and Delivery Checklist contained in another section of this web page (or call our offices to have us fax or mail a copy of the checklist).

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THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.