How to File a Replevin Action in Florida
In order to file for a writ of replevin action, you must be the rightful owner of the property involved, and your claim must be backed up by evidence in court. If successful, you will get your personal property back—even if it was sold or transferred out of state!
The process of filing a replevin action in Florida is as follows:
To file a complaint for replevin, you must first prepare a summons (notice to appear in court) and include a complete and accurate description of the property sought. You will also need to attach proof of a bill of sale, title to the property, and photographs of the property. Once you have gathered all of these documents, you will need to file the original documents with the court and serve copies of each document on the defendant(s). The petitioner must post bond in the amount of twice the value of the goods subject to the writ or twice the balance remaining due and owing, whichever is lesser as determined by the court.
The next steps a petitioner must follow to file a replevin action with the court can vary based on the value of the property they’re attempting to recover. For property worth less than $5000, the courts will set a pretrial conference with a date and time to attend court.
To initiate the replevin action, petitioners must attach proof of a bill of sale, property title, debt agreement, etc. to a complaint filed with the clerk of court. This filing will include a replevin summons, as well as filing the original documents with the court as well.
A Replevin action may be used if:
A writ of replevin may be used if you have property that is being wrongfully detained by another person or entity, or to take possession of collateral when your debtor defaults on a secured loan.
The following are some other reasons why a Writ of Replevin could be filed:
- The property was taken from you without your consent.
- The property was taken from you without a valid court order.
- The property was taken from you without a valid contract.
Filing a Writ of Replevin in Miami-Dade County.
The process of filing a writ of replevin in Miami-Dade County is the same as filing it in any other county in Florida.
- Go to the Clerk of the Court and pay the filing fee.
- Submit a writ, affidavit, and declaration of value as evidence that you are entitled to what was seized or taken away from you by another party without due process (e.g., through an illegal seizure or wrongful foreclosure). This is not required if you are seeking return of property that has been wrongfully taken without due process (e.g., stolen).
- Have someone serve your Writ on the other party (or their agent) within 30 days after it has been issued by the court clerk; otherwise, file a motion for service with proof that diligent efforts have been made to locate them in person or via mail but no success has been achieved – this could include affidavits from neighbors who saw them come home early evening yesterday but haven’t seen them since then.
Use Prejudgement Writs to Recover Property Faster
In Florida, if a debtor does not pay as agreed, or if there is danger that the property will be hidden, destroyed, or taken out of state, creditors can go to court and ask for a prejudgment writ to take possession of property immediately, rather than after obtaining a final judgement and writ of replevin from the court.
What if the other party files an Affidavit in Opposition to my Writ of Replevin?
In Florida, the party that is seeking to replevy property must file an Affidavit in Support of your Writ of Replevin. This means they have to provide evidence showing why they should be able to have the item returned. The other party can then file an Affidavit in Opposition to your Affidavit in Support of your Writ of Replevin. This is a lot like a cross-complaint or counterclaim, which is when someone files their own lawsuit against you after you filed yours against them (that’s what happens if you sue someone for losing your car keys and they countersue for hitting them over the head with their fist). In both cases—cross-complaints and oppositions—you will probably need some help from an attorney because these forms aren’t easy or cheap to fill out on your own. You’d also need an attorney if there are any amendments or changes made to pleadings (like motions) that result from these actions being filed.
Paul A. Humbert Law firm helps you File a Writ of Replevin Action in Florida
If you need to file a Writ of Replevin Action in Florida, Paul A. Humbert Law Firm can help. Writs of replevin are filed by creditors who want to recover property wrongfully taken from them or their debtor customers by third parties. The property can be real estate, personal property such as an automobile or boat, or intangible assets such as money owed to a business.
Paul A. Humbert Law Firm has been serving clients throughout Florida for over 30 years with legal services including business formation and contract drafting; litigation support (including document drafting); family law matters including child custody and child support cases; wills & trusts services such as estate planning documents & probate administrations; real estate transactions involving title insurance claims and closings (including residential purchases & sales).
