A replevin action is used for resolving civil disputes involving personal property valued up to $15,000 (excluding court costs, interest, and/or attorney's fees, if applicable). This process allows an individual to recover property which another person refuses to return. Before filing a complaint, a person must know where the property is located. For a small fee, you may obtain the forms for filing a replevin from the Clerk's office. (There are no forms available from the Clerk's office for amounts greater than $15,000.) You may pick up the packet in person or you may have it mailed to you. There is an instruction sheet attached with information on the filing process and the associated filing fees.
This type of replevin is considered a prejudgment writ of replevin. Section 78.068(3), Florida Statutes, requires that the Petitioner post a bond in the amount of twice the value of the goods subject to the writ or twice the balance remaining due and owing, whichever is less as determined by the Court, as security for the payment of damages the defendant may sustain when the writ is obtained wrongfully.
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