What action must be obtained by a person or business with a lien on property that is no longer receiving payment?

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To obtain possession of property that is subject to a lien, a writ of replevin is the appropriate legal remedy. This writ allows a person or business to recover specific personal property that they have a rightful claim to, particularly when the other party is not fulfilling their payment obligations. The process involves filing a request with the court to have the property returned, demonstrating that the claimant has a legal interest in the property.

This legal action is crucial in situations where the property in question is being unlawfully withheld by another party. The writ of replevin effectively allows the lien holder to reclaim the property rather than simply pursuing monetary damages or relying on the debtor to return the property voluntarily.

In the context of the other options, a writ of garnishment pertains to seizing funds or property held by a third party (like wages from an employer), a writ of attachment is used to seize a debtor's property to secure a judgment, and a writ of special execution typically involves seizing property to satisfy a judgment rather than directly reclaiming possession of property under a lien. Therefore, the writ of replevin stands out as the correct action to take in this scenario.

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