Replevin, business law


Replevin is a remedy to recover personal property wrongfully detained by another and to recover damages resulting from the wrongful taking or detention.  Replevin in Florida is governed by Chapter 78, Florida Statutes.  Replevin is often used, but not limited to, obtaining judicial enforcement of a secured party’s right to take possession of collateral.  A claimant may recover temporary possession of personal property, pending final adjudication of the right to possession, after the claimant posts a bond or establishes a reasonable probability of ultimately prevailing on its claim for possession at a “show cause” hearing before the court.  A lawsuit for possession of personal property may also allow the defendant to remain in possession of the property until final judgment awarding possession is entered.

This practice area description is not intended as legal advice. 
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