Question 1

What is a replevin action in Florida?

Accepted Answer

Replevin is a legal action to recover possession of specific personal property that is wrongfully detained by another person. In Florida (Section 78.01): the plaintiff files a complaint alleging: they have a right to possession of the personal property, the property is wrongfully detained by the defendant, and the property has a specific value. The court can order the sheriff to seize the property and deliver it to the plaintiff (even before trial, if the plaintiff posts a bond). Replevin is limited to: personal property (not real property); for real property disputes, use ejectment or unlawful detainer.

Question 2

How does a replevin action work in Florida?

Accepted Answer

Process: file a complaint (describing the property, its value, and the basis for the right to possession), file a verified motion for order to show cause (Section 78.055: the court reviews the motion and may issue an order), hearing (the court determines whether the plaintiff is likely entitled to possession), order (if the court finds for the plaintiff: the court orders the defendant to show cause why the property should not be delivered to the plaintiff; the court may order the sheriff to seize the property), and bond (the plaintiff must post a bond equal to the property’s value; the defendant can also post a bond to retain the property).

Question 3

What defenses are available in a Florida replevin action?

Accepted Answer

Defenses: right to possession (the defendant has a superior right to possession: a valid lien, a security interest, or a contractual right), no wrongful detention (the defendant is lawfully holding the property: the property was voluntarily given to the defendant, or the defendant has a right to hold it pending payment), statute of limitations (replevin must be brought within 4 years; Section 95.11(3)(g)), and counter-bond (the defendant can post a bond to retain the property during litigation).

Replevin Action Personal Property

Replevin Actions in Florida

Process

Requirements

Defenses

Related Terms

Barnes Walker Litigation

Ready to Get Started?