What Is a Writ of Replevin?
A writ of replevin is a court order used to recover specific personal property that another person is wrongfully holding. Unlike a lawsuit seeking money damages, replevin seeks the return of the actual item — a vehicle, equipment, or other tangible property. It is the legal tool a rightful owner or a secured lender uses to get possession of property back.
Replevin in Florida
Replevin is governed by Chapter 78, Florida Statutes. A claimant files suit describing the property and its value and showing a right to possession. Florida allows a prejudgment writ in proper cases — letting the sheriff seize the property early in the case — but typically only after the court holds a hearing (or the claimant posts a bond), to protect the current possessor's due-process rights.
Common Uses
- A secured lender recovering collateral, such as a financed vehicle or equipment, after default
- An owner recovering property wrongfully kept by another
- A lessor recovering leased equipment
Related Terms
- Collateral — Often the property recovered by replevin
- Personal Property — What replevin recovers
- Writ of Possession — A related order for real property
Barnes Walker
Barnes Walker's attorneys handle replevin and collateral-recovery actions for Florida lenders, lessors, and owners. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 78
Florida’s replevin statute governs actions to recover specific personal property, including the procedure for prejudgment writs and the bond and hearing protections that apply.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC