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A legal action to recover the possession of items of Personal Property.
Replevin is one of the oldest Forms of Action known to Common Law, first appearing about the beginning of the thirteenth century. It was a legal procedure for claiming the right to have personal property returned from the possession of one who had less right to hold it than the plaintiff. Originally the action may have been available only for the recovery of goods that were illegally held past the time the defendant had the right to their possession, but soon the right was extended to cover every situation, whether the defendant wrongfully took or just withheld another's property. As time passed, if the goods themselves could not be recovered, the courts sometimes gave judgment for an amount of money representing the value of the goods. Generally, however, replevin aimed at restoring the property itself to the person entitled to possess it. The defendant could not claim as an excuse that the property belonged to someone not involved in the lawsuit because the only issue before the court was rightful possession, not title. For example, an executor of an estate could seek replevy of racehorses boarded by the decedent if the owner of the stable refused to release them. It would be no defense that the executor was not the owner of the horses.
If a creditor meets the proper qualifications for initiating a replevin action, and brings the action in a court of competent jurisdiction and in the correct location, he initiates his replevin action by filing a complaint.5 F.S. §78.055 sets forth the allegations which must be contained in a complaint if a party seeks a writ of replevin prior to a final judgment.6 To obtain an order authorizing the issuance of a writ of replevin prior to final judgment, the plaintiff shall first file with the clerk of the court a complaint reciting and showing the following information: 1) a description of the claimed property; 2) a statement that the plaintiff is the owner of the claimed property or is entitled to possession of it; 3) a statement that the property is wrongfully detained by the defendant; 4) a statement that the claimed property has not been taken for a tax, assessment, or fine pursuant to law; and 5) a statement that the property has not been taken under an execution or attachment against the property of the plaintiff or, if taken, that it is exempt.7
Here is the Florida statute
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.
Thanks for the answer. The value is just $2k, since it's very old.
How replevin can be filled? Do I need to get a lawyer or I can do it myself?
If I need to find the lawyer, what kind of lawyer do I need and how much ( of cause approximately) it can cost.
I asked your advice couple weeks ago about some individual who is holding the property. And you advised about filling the replevin.
The landlord is contacted me and informed me that he set the date for Nov 4 , for the auction. Everything in this unit ( including our forklift) will be for auction.
Can is stop this auction by filling this replevin at small claim court?
Also i downloaded the form filling the replevin but it's not clear to me whom should i put as defendant . Should i put the crook who ran away or should put landlord who keeps the property?
If i file against the crook it will give me nothing since he probably already left the state and they will never find him to get him served.
If i file against landlord i have nothing against him, he didn't took the money , he didn't make any promises. He just trying to place the lien to get his rent money back.
Thanks for all your help.
I filled the claim for replevin, but first date of hearing was set in December, and the auction landlord set will be on Nov 4th. I explained that is kind of emergency to the clerk and she offered to write emergency on the claim form and explain the reason. I also received phone number to the judge office. I called and explained the secretary situation, but she said that nothing can be done earlier the December. I also read that other counties have something called emergency replevin when bond can be placed, but secretary explained that it does not apply for small claim court and nothing can be done to set the hearing date before auction date on Nov 4th. Also I indicated on claim of replevin that if it's impossible to get property back I want to get $3800 from defendant. So now I will have to go to the auction and I need to know what's gonna happen with my case if for example:
1) I will be the winner of my property, for example I will be able to buy it for $2000) will I have to close the case or do I need to proceed with trying to get those $2000 from defendant.
2) Or if somebody else going to win the auction and get my property should I still go with claim of replevin case against landlord.
Another thing when I was looking for landlord company info etc I found out that the owner of the rental complex who set the auction is P.A. So I don't know if I have a lot chances to get anything from the lawyer who owns this complex.
As you advised I spoke to him before filling the replevin and explained my situation. But he said that he is doing me the favor by telling me the auction date and time, so I can come and bid on my property, also he said that the minimum will be set at $1500 ( 3 month rent that crook did not pay) and any lower bids will not be accepted. After that I decided to invest another $310 to try this replevin, but with the hearing date set month after the hearing it can be irrelevant. Please let me know your thoughts.
Ok, but if they will procceed with the auction, i will have to try to win it at the auction. How it will affect the case if i will be the winner ?
So should i keep the case for replevin and on hearing date Dec 3 i have to tell judge that i had to go to the auction and buy it and now i need to recover this money from landlord?
Do you think there is a chance for the judge to take my side? I'm asking because the landlord is an attorney and he made the impression he knows what he is doing. He absolutely legally set the auction and trying to recover his loss rental profit. I'm afraid he will out smart me at all steps he makes.
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