Defending a Replevin Action in Florida
If you've been served with a replevin lawsuit in Florida, you may be wondering what it means and how to respond. Replevin is a legal remedy used to recover personal property that is being wrongfully held or withheld. While it is often used by lenders or sellers to retrieve financed goods, it can also arise in family disputes, business disagreements, or landlord-tenant conflicts.
Understanding your rights and legal defenses is critical when defending a replevin action in Florida. Here’s what you need to know.
What is Replevin?
Replevin is a civil legal action governed by Chapter 78 of the Florida Statutes. It allows a plaintiff (the person seeking return of the property) to ask the court for an order requiring the defendant (the person holding the property) to return the specific personal property. Unlike actions for money damages, replevin focuses on the recovery of the physical item itself—like a car, equipment, or valuable asset.
Common Scenarios Where Replevin Is Used
-
A car finance company seeking return of a vehicle after default.
-
A former partner trying to reclaim jointly owned business assets.
-
A landlord attempting to retrieve property left by a former tenant.
-
A seller who claims the buyer has not paid in full for an item.
Legal Process for Replevin in Florida
A replevin action may proceed in one of two ways:
-
With Prejudgment Possession:
The plaintiff asks the court to immediately seize the property before the case is resolved. This requires a sworn affidavit and a bond to protect the defendant in case the seizure is later found to be wrongful. -
Without Prejudgment Possession:
The plaintiff seeks return of the property only after a final judgment is entered.
As a defendant, you must act quickly—particularly if the plaintiff is seeking immediate possession of the property. You have the right to request a hearing and object to the prejudgment seizure.
Key Defenses to a Replevin Action
Defending against a replevin lawsuit typically involves challenging either the plaintiff’s right to the property or the procedure used to recover it. Common defenses include:
-
You Own the Property:
If you have a superior right of ownership or possessory interest in the item, the plaintiff’s claim may fail. -
There Is No Default or Breach:
In cases involving financing or sale contracts, the plaintiff must prove that you defaulted on the agreement. -
Improper Procedure:
The plaintiff must follow strict procedural requirements under Florida law. This includes properly serving you, posting a bond, and filing the necessary affidavits. -
The Property Is No Longer in Your Possession:
If you no longer have control of the item, the court may be unable to issue a replevin order against you. -
Offset or Counterclaim:
If the plaintiff owes you money or has breached another agreement, you may have a valid counterclaim or right to retain the property as leverage.
Responding to a Replevin Complaint
If you are served with a replevin complaint in Florida, it is important to:
-
Review the Documents Carefully:
Look for any motion for prejudgment possession and deadlines for responding. -
Consult an Attorney:
Replevin involves complex procedures and potential financial liability. A Florida attorney can help you challenge the plaintiff’s claims, assert your defenses, and file counterclaims if appropriate. -
Attend Hearings:
If the court schedules a hearing—especially on prejudgment possession—make sure you attend and bring any supporting evidence regarding ownership or contract terms.
What If the Court Orders Return of the Property?
If the court finds in favor of the plaintiff, it may issue a writ of replevin, allowing the sheriff to seize the property. However, you may still be entitled to a trial on damages or counterclaims. In some cases, you can post a bond to retain the property while the case proceeds.
Final Thoughts
Being sued for replevin in Florida can be stressful—especially if the property in question is essential to your business or personal life. But you do have rights. By understanding the legal process and asserting valid defenses, you may be able to avoid seizure of your property or even prevail in court.
If you are facing a replevin action in Florida, don’t wait. Speak with an experienced Florida civil litigation attorney to help you protect your interests and property.
Need Help Defending a Replevin Case in Florida?
Contact our office today to schedule a consultation and discuss your legal options.
Have you or someone you know been served with a replevin action? Contact Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
