Replevin in Florida

Replevin in Florida: What You Need to Know

When a person possesses property belonging to someone else, it may create a conflict. If the owner requests the item be returned and the other party refuses, there may be an issue. In such cases, replevin is often an effective remedy. Replevin is a legal term meaning “repossession” or “taking again.” This remedy allows an individual to take something back from another party who no longer has the right to keep it.

Replevin in Florida is similar to a lawsuit for theft or conversion of property, but it’s much simpler to file and win. It’s also cheaper than a lawsuit for wrongful repossession of property because there are no expensive expert witnesses involved. The main drawback is that replevin cannot result in monetary damages; you can only get your property back (and perhaps pay the other party for its storage costs).

If you need help understanding replevin in Florida or would like assistance with filing this type of action, we advise speaking with a legal professional from the Law Offices of Paul A. Humbert, P.L.

What is the Replevin Process in Florida?

Replevin in Florida is a summary proceeding equivalent to a particular type of civil lawsuit. It’s designed to be quick and easy to file, and it doesn’t cost much to bring the action. All you have to do is fill out the writ of replevin form, pay a filing fee and post a security bond. The security bond ensures you don’t get the property back and then fail to pay the other party their full value.

Anyone who can show they have a legitimate right to a certain item can use replevin. This could include owners of property (such as a car) that has been wrongfully repossessed, tenants who want back property wrongfully taken from them by their landlord, or people who have been given an unfair judgment in a money damages case.

When Can Replevin Be Used?

Replevin in Florida can be used to help recover property, such as a car or a boat, that has been wrongfully taken from you or someone else in your household. This could also apply if someone has wrongfully repossessed something you are leasing, such as a car or a boat. You may also want to use replevin if the landlord is trying to take property that doesn’t belong to them.

An excellent example is when a landlord tries to repossess furniture found on the premises of a tenant who has not paid rent. You can also use replevin to get back specific items of personal property, such as a coin collection or family heirlooms that someone has taken and refuses to give back.

Steps to Filing a Replevin Action in Florida

First, check the statute of limitations for replevin. There are time limits for filing replevin, just like any other legal action. If you miss the deadline, it’s too late to take action on the matter. The statute of limitations depends on the type of replevin action you’re filing.

For general replevin, you only have 15 days from the date of wrongful repossession. If the repossession was due to nonpayment of rent, you have 30 days. You also have to check the correct venue for filing the replevin action. If the repossession occurred in one county, and the property was stored in another county, you need to file the replevin action where the person keeping the property is located.

If you want more details about replevin in Florida, you can find the relevant law in Section 95.46 of the Florida Statutes. You can also find more general information about replevin by visiting the American Bar Association website. This resource has information on every state and links to applicable laws.