What is replevin?

If someone’s personal property is taken by mistake or illegally, they can ask a court to get it back. They can also ask for any damages they’ve lost because of the wrongful taking or detention. The court can also record a notice to let anyone who knows about the claim know.  This law has been around since 1879.

What can’t be taken by replevin?

A replevin can’t be filed for:

(1) Property taken because of a tax, assessment, or fine law;

(2) Goods and chattels seized in an execution or attachment to recover them unless they’re exempt;

(3) Property taken in replevin and given to the plaintiff while the plaintiff still has it or their agents;

(4) Anything unless the person taking it has a right to take it back;

Complaint; requirements.—To get an order from the clerk of the court that says it’s okay to issue a writ of replevin before the final decision is made, the plaintiff has to first file with the clerk of the court a complaint that says the following:

(1) A description of the property that’s being claimed that’s enough to identify it and a statement, to the best of the plaintiff’s knowledge, information, and belief, of the value of the property and where it is.

(2) The plaintiff must state that they own the property or have the right to it. They should explain how they got that title or right. If the plaintiff’s claim is based on a written document, they should attach a copy to the complaint.

(3) The plaintiff must say that the defendant is wrongfully holding onto the property. They should explain how the defendant got the property and why they think the plaintiff is right.

(4) The plaintiff must say that the property hasn’t been taken for taxes, assessments, or fines.

(5) The plaintiff must say that the property hasn’t been taken under an execution or attachment against their property. If it has, they must say that it’s exempt from such taking and give a reference to the law that says so.

Jurisdiction

An action for replevin must be filed in a court that has the power to handle the case. The court’s jurisdiction depends on the value of the property being sought to be returned. If the property is made up of different parts, and the value of any one part is within the jurisdiction of a lower court, but when all the parts are put together, the total value exceeds that jurisdiction, the plaintiff can’t split the property to give the lower court the power to handle the case.

Venue

An action for replevin can be filed in any county where the property being sought to be returned is located, where the contract was signed, where the defendant lives, or where the reason for the case happened. 

Judgment

After the judgment is made, the plaintiff has a few options. They can ask the court to order the defendant to give them the property or to pay them the amount they’re owed, plus costs. If the plaintiff chooses to get the property back, the court will send an officer to look for it. If the officer can’t find the property, the plaintiff can still get the amount they’re owed, but they’ll have to pay the costs themselves. If the plaintiff gets the whole amount, the officer will give back all the property they took.

When it comes to figuring out how much the property is worth, the court will look at each item separately. But it’s not necessary to figure out the exact value of each item in a big pile of stuff, wares, or merchandise when it’s been taken back. It’s enough to just figure out the total value of everything that was found.

When goods are taken from or returned to the defendant, and they win the case, they can sue the plaintiff for damages, attorney fees, and costs. This applies even if other remedies are available under state law.

Are you in a Lawsuit for Replevin?

Call South Florida litigation attorney Andrew J. Pascale today at 877-667-1211.  This blog does not constitute legal advice and is for illustrative purposes only.