Writ of Replevin Warrant in Florida

As a creditor in Florida, dealing with a debtor who refuses to return your property can be frustrating. The Writ of Replevin stands as a valuable legal tool to reclaim what is rightfully yours. Here’s a detailed look at how this process works and what you need to know.

What is a Writ of Replevin?

A Writ of Replevin is a court order authorizing the seizure and return of personal property wrongfully taken or detained by another person or organization. This legal action proves useful when a debtor fails to meet financial obligations and refuses to return the property.

How to File a Replevin Action

To start a replevin action, file a civil lawsuit in a circuit court with jurisdiction over the property. Jurisdiction might be based on where the property is located, where the contract was signed, where the defendant resides, or where the dispute occurred.

Required Documents and Information

When filing the complaint, provide several key pieces of information:

• A detailed description of the property to identify it
• A statement of the property’s value and its current location
• Documentation proving your ownership or right to possession, such as a bill of sale, property title, or debt agreement
• An explanation of why the debtor is wrongfully holding the property
• Additional proof like photographs, model, and serial numbers

Procedures for Obtaining a Writ of Replevin

Florida law offers two main procedures for securing a Writ of Replevin:

Order to Show Cause

This method involves filing a lawsuit and obtaining an Order to Show Cause, served on the defendant. The court sets a hearing to determine the right to possess the collateral. If the defendant fails to show cause for retaining the property, the court authorizes the issuance of a Writ of Replevin.

Pre-judgment Writ

This faster but more complex process involves posting a bond for twice the value of the collateral or the balance due, whichever is lesser. Securing a Pre-judgment Writ without notifying the defendant can significantly reduce the recovery time, often by 90-120 days.

Steps in the Replevin Process

Here’s a step-by-step guide on how the replevin process typically proceeds:

1. Filing the Complaint: Submit a complaint with the clerk of court, attaching all necessary documents and proof of ownership.
2. Serving the Defendant: A process server or court officer serves the defendant with the complaint and replevin summons.
3. Response and Hearing: For property valued over $5,000, the defendant must respond within 20 days. Failure to respond allows you to seek a default final judgment. Otherwise, a final hearing will determine the right to possession.
4. Issuance of the Writ: Following a final judgment or default, the court issues the Writ of Replevin, authorizing the sheriff to seize and return the property.

Cautions

Approach the Writ of Replevin with caution. Based on personal experiences and legal advice:

• Documentation is Key: Ensure you have all necessary documentation, including detailed descriptions and proof of ownership, to make the process smoother and more likely to succeed.
• Venue Selection: Choosing the right venue for your lawsuit impacts the efficiency and outcome of your case. Confirm the court has jurisdiction over the property or parties involved.

More Reading

• Florida Statutes Chapter 78: The official source for laws governing replevin in Florida. It provides detailed information on procedures and requirements.
• The Florida Bar Journal: An article titled “With or Without Notice – Obtaining a Replevin Writ Prior to Final Judgment” offers a comprehensive overview of the legal nuances involved.