Can a writ of replevin be initiated by a complaint?

First, they are somewhat inconsistent in their terminology. Section 78.055 clearly sets forth the requirement that a replevin action is, in the first instance, initiated by the filing of a complaint. However, §78.068, relating to pre-judgment writs of replevin, makes reference to a verified “petition” and a “petitioner.”

What is the value of a replevin claim?

A Replevin is a Court action in which one person (the Plaintiff) seeks to recover possession of personal property wrongfully taken or detained by another (the Defendant), plus money damages (if any) for the defendant’s unlawful detention of the property. The claim amount is limited to the value of $25,000.00 in County Court.

Who is the defendant in a replevin action?

The person filing the case is the Plaintiff and the Defendant is the person you are suing. Replevin actions are filed in the county and state where the property is located. You can sue an individual, a business, or a corporation. You have the burden of investigating to determine whether you are filing against the correct parties.

How to get a replevin notice to appear?

Sheriff’s Office, you should call the Clerk’s Office to check on the return of service. THE CLERK’S OFFICE WILL NOT CALL YOU. If the action is returned un-served, you will need to find a better address or place the person can be served. Request in writing (form included) an Alias Order to Show Cause and Replevin Notice to Appear.

Who is entitled to a writ of replevin?

Under the provisions of F.S. §78.01: “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 . . .”4 As to who is entitled to possession of property, and thus entitled to obtain a writ of replevin, the cases address diverse situations.

Why was writ of replevin struck down in Florida?

This statement alone authorized the clerk to issue a writ of replevin summarily as long as the applicant filed a bond. 10 There was no provision for the matter to be heard by a judge prior to the seizure. The Supreme Court struck down the statutes because they violated the due process requirements of the Fourteenth Amendment. 407 U.S. 67, 93.

How does a replevin case work in court?

However, a replevin case can be unique because the plaintiff/claimant can ask the court for immediate or temporary possession of the property (until a final decision can be made). A replevin action starts with the “ Claimant ” (the plaintiff) serving a Complaint on the “ Respondent ” (the defendant).

What is an example of a delayed response?

Take the example of a former client or colleague who saw your new job title and took a few seconds to dash off a kind congratulatory note. If you didn’t respond at the very moment that email arrived, it’s nothing to feel guilty over.

How is a replevin claim different from an attachment claim?

This is different than replevin because with attachment the plaintiff has no present right of ownership or possession of the item (with replevin, the Claimant has a right to own or possess). Once attached, the plaintiff simply holds the item for liquidation purposes once he or she gets a judgment in that case.