Writ of Replevin in Florida

Writ of Replevin in Florida

How Writ of Replevin in Florida Works | Reclaim Your Property

There are few things more frustrating to a creditor than being told that they cannot reclaim their personal property despite having all their legal ducks in a row – holding all the right documents that outline a debtor’s defaulted obligations. A Writ of Replevin in Florida is a legal action that creditors can use to get their property back when a debtor cannot or will not pay up.

If a debtor doesn’t pay, replevin additionally allows creditors to recover financial losses resulting from the unpaid debt and wrongfully claimed property. This legal remedy takes place before the court pronounces a final judgment.

A Writ of Replevin is a court order that provides authority to seize and return collateral to a creditor. There are two types of replevin actions. The first type allows creditors to request the return of property while waiting for the courts to determine legal rights to the property. In the second, a creditor can acquire prompt control of their personal property.

How to File a Replevin Action | When to Use Replevin

Creditors may file a civil lawsuit in court to obtain a Writ of Replevin in Florida. They can utilize this action to release personal property or to obtain payment from an individual who fails to return the property.

However, the creditor must choose a circuit court with jurisdiction over the property. This court may be in the country where the creditor’s property remains located, in the place where the debtor signed the contract, where the defendant resides, or the place where the dispute occurred.

In an action for replevin, the creditor must provide a written, detailed description of any property the debtor still has in their possession for identification purposes. A creditor must also include:

  • Statements of value for the property
  • Why the creditor remains entitled to reclaim the property
  • An explanation of how the debtor holding the property remains in the wrong to keep it from the creditor
  • Documentation outlining why the creditor rightfully owns the property

It is also helpful in most cases for a creditor to include photographs, model and serial numbers, or other proof of ownership for items that they wish returned to them.

How a Replevin Action Proceeds

The steps a creditor 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, creditors 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 process server or other officer of the court can then serve copies of these documents to the defendant. In situations where property reaches a value of over $5,000, there is no pretrial conference and a debtor must respond to the replevin action within 20 days by filing an answer to a request with the court.

If the debtor responds, the court will set a final hearing. When a debtor doesn’t respond, the creditor may attempt to secure a default final judgment from the court. After the default or final hearing, a judge will enter a final judgment, allowing the clerk to issue a Writ of Replevin in Florida.

Pursuing a Writ of Replevin in Florida with Experienced Attorneys from the Law Offices of Paul A. Humbert, P.L.

What prior statutes and cases related to replevin law in Florida illustrate is that the creditor largely remains in the driver’s seat regarding replevin and personal property or owed debts.

Although Florida was once largely considered a “debtor’s haven” in situations where they could not or would not meet their financial obligations, today, a Writ of Replevin in Florida enables debtors to reclaim their debt in a clearly defined legal process.

In most situations, early intervention from a legal professional, even in situations of preliminary rulings, can effectively resolve both parties’ disputes. Nonetheless, a trained and experienced legal specialist remains necessary to achieve the best possible outcome in any creditor/debtor case.

To learn more about replevin and creditor defense in the state of Florida, reach out to our dedicated attorneys from the Law Offices of Paul A. Humbert, P.L. today to schedule a consultation.

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