Efficient Enforcement. Strategic Recovery. Results That Preserve Value.
At Neubert, Pepe & Monteith, P.C., we represent lenders, creditors, and businesses in recovering personal property and enforcing security interests across Connecticut. From enforcing liens and repossessing equipment to pursuing damages for unlawful retention or conversion, our attorneys deliver decisive, legally sound strategies designed to minimize losses and maximize recovery. We combine litigation expertise with commercial practicality to protect collateral and achieve efficient outcomes.
Our firm handles all aspects of personal property recovery, including replevin actions, UCC secured party sales, conversion claims, and civil theft litigation, with a focus on timely execution and strategic enforcement.
Our Personal Property Recovery Services Include:
Replevin Actions
When property is unlawfully retained, a replevin action provides a legal pathway to recover possession. We represent clients in obtaining court orders compelling the return of personal property and act quickly to secure prejudgment remedies that prevent depreciation or concealment of assets.
Example: Our firm represented a commercial lender with a perfected security interest in industrial equipment used by a defaulting borrower who refused to return the collateral. We promptly filed a replevin action in Connecticut Superior Court and obtained a court order authorizing immediate seizure of the equipment. In coordination with a state marshal, we successfully recovered the machinery before it could be relocated or sold, preserving the lender’s collateral and facilitating a timely resolution of the default.
UCC Secured Party Sales (Article 9 Foreclosures)
Under Article 9 of the Uniform Commercial Code, secured creditors have the right to repossess and dispose of collateral upon a borrower’s default. We guide clients through repossession, notice compliance, and commercially reasonable disposition via public or private sale.
Example: Our firm represented a secured creditor following a borrower’s default on a business loan secured by inventory and equipment. We assisted in the lawful repossession of the collateral, prepared and issued the required notices under Article 9 of the Uniform Commercial Code, and coordinated a commercially reasonable public sale. The proceeds from the sale substantially reduced the outstanding loan balance, achieving a favorable recovery for the creditor without the need for extended litigation.
Conversion Claims
Conversion arises when a party wrongfully exercises control over another’s personal property, depriving the rightful owner of possession or use. We assist clients in asserting their ownership rights and pursuing compensation for the value of the converted property, including any resulting financial losses. Our firm takes an aggressive approach to recovery, issuing demand letters, engaging in strategic negotiations, and litigating where necessary to secure damages and restore our clients’ property interests.
Example: A commercial lender secured a loan with a borrower’s equipment. Following the borrower’s default, the equipment was unlawfully sold to a third party without the lender’s consent. Our firm pursued a conversion claim against both the borrower and the purchaser, seeking recovery of the equipment’s value and related damages arising from the unauthorized sale.
Civil Theft (Treble Damages Recovery)
Connecticut law provides a civil cause of action for theft under Conn. Gen. Stat. § 52-564, permitting victims of intentional misappropriation to recover treble damages. We represent creditors and businesses in actions against debtors, borrowers, or third parties who have willfully and unlawfully taken property. Our approach integrates detailed investigation, asset tracing, and aggressive litigation strategies to maximize financial recovery and protect our clients’ interests.
Example: A company discovered that a former employee had removed and sold high-value business assets prior to resigning. Our firm brought a civil theft action under Connecticut law and secured a judgment awarding treble damages in favor of the client.