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Do you need to recover personal property unjustly or illegally taken away from you? Did this unjust or illegal act cause you to suffer any losses as a result?

If you answered yes to these questions, then you can file a replevin action in Florida.

What is a replevin action?


Replevin is a lawsuit that asks the Court to return your personal property that was wrongfully taken or detained by another person or entity.


Types of replevin actions


There are two types of replevin actions. In the first type of replevin action, you can request your personal property and wait for the Court to determine legal rights to the property. In the second type of replevin action, you acquire prompt control of your personal property. 


What is required when filing a complaint for replevin?


The Complaint must contain the following information:

  • detailed description and value of the claimed property;

  • a brief statement that the personal property wrongfully detained is, in fact, in possession of the person that you are filing a complaint against (the Defendant);

  • a brief statement as to how the Defendant came into possession of the personal property;

  • a statement that the taking of the claimed property was not for a tax, assessment, or fine according to Florida law; 

  • a statement that the taking of the claimed property was not for execution or attachment against the property; OR, 

  • if the claimed property was taken by law, that such taking was exempt.


Why would you file a replevin action?


If you need your personal property on an accelerated time frame, then you could get a writ of replevin before the Court enters a final judgment. 

If you have any further questions regarding replevin actions, please contact Kimberly M. Soto at 321.972.2279 so she can further advise you. 

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