Replevin in Florida Explained
Replevin is a legal procedure providing recourse for the return of wrongfully claimed personal property. Some resources will also refer to replevin in Florida as a claim and delivery. The legal remedy takes place before the court pronounces a final judgment. The wronged party can receive compensation for any losses they incurred due to legal action.
Replevin may vary in different situations, however, most utilize the term in circumstances where two parties have rights to possess a piece of property, although one will have greater rights. Some scenarios may dictate property intended for release to another party but weren’t.
78.01 Right of Replevin – Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided. Notice of Lis pendens to charge third persons with knowledge of plaintiff’s claim on the property may be recorded.
This remains a frustrating situation for creditors. A debtor may default on a secured loan, refusing to voluntarily surrender the collateral that secures the loan. When this takes place, creditors may either rely on self-help repossession or replevin in Florida.
Self-help repossession enables a creditor to retake collateral while circumventing the judicial process. In most cases, creditors will rely on repossession agents to handle this for them.
Nevertheless, self-help repossession is not always an option. Debtors may hide collateral or take other measures to prevent the lender from reobtaining their property. In these instances, creditors must turn to the court system to obtain a writ of replevin.
With or Without Notice – How Does Replevin Work Under Florida Law?
Nothing is more frustrating to lenders and creditors than when they hold the proper documents on a defaulted obligation, they receive notice that they cannot immediately reclaim property collateralized or otherwise formed as the foundation of a transaction.
A writ of replevin serves as a court order that provides authority to seize and return collateral to a creditor. Replevin in Florida enables a secured creditor to obtain a writ of replevin with or without notice to the debtor.
Replevin in Florida is commonly utilized by secured creditors who seek to recover collateral securing a debt or other legal obligation when a debtor defaults on this obligation. The legal action may result in the court issuing orders to grant the secured creditor possession of property. This enables the creditor to repossess collateral without committing a legal disturbance.
The basic steps creditors and lenders must follow to obtain a writ of replevin include:
- Prepare a complaint about replevin
- Prepare a replevin summons; a notice to appear in court
- File documents with the court
- Serve copies of each document on the defendant
- If a defendant doesn’t respond within 20 days, creditors may file for a default
Property typically subject to replevin in Florida may include:
- Aircraft
- Cars
- Construction Equipment
- Farm Equipment
- Manufactured Homes and Mobile Structures
- Motorcycles
- Recreational Vehicles
- Watercraft
Replevin in Florida is not an applicable action to recover possession of real estate or other real property. Instead, the property remains only recoverable when it possesses the properties of movability, the capability of identification, as well as capability of seizure.
Obtaining and Executing a Writ of Replevin in Florida | The Law Offices of Paul A. Humbert, P.L.
In most situations, creditors will opt to secure their writ of replevin without providing notice to a debtor. This is largely due to the expedited process that doesn’t alert a debtor to the coming repossession. We refer to this scenario as a Pre-Judgment Writ of Replevin. To secure a Pre-Judgment Writ of Replevin in Florida, creditors must:
- Verify the complaint
- Post a bond for double the amount a debtor owes or the value of the collateral (whichever is less)
When creditors can follow these two requirements, the court will then order the clerk to issue a Pre-Judgment Writ of Replevin.
Under circumstances when a creditor notifies a debtor, the writ of replevin may be obtained through an Order to Show Cause Hearing. Debtors will be served with a complaint, required to appear at a hearing. At this hearing, the debtor must provide the court with cause as to why secured debtors shouldn’t receive immediate possession of the collateral.
The Law Offices of Paul A. Humbert, P.L. has extensive experience assisting our clients with a wide range of creditor collection services. We can assist you with replevin in Florida. To learn more, contact our dedicated team today to schedule a consultation.
