Florida Statutes Title VI Chapter 78 - Replevin

• 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...
• 78.02 - What May Not Be Taken By Replevin.
  No replevin shall lie:(1) For any property taken by virtue of any warrant for the collection of any tax, assessment, or fine pursuant to any statute;(2) For...
• 78.03 - Jurisdiction.
  An action for replevin must be brought in a court of competent jurisdiction based on the value of the property sought to be replevied. When...
• 78.032 - Venue.
  An action for replevin may be brought in any county where the property sought to be replevied is located, where the contract was signed, where...
• 78.045 - Writ; Court Order Required.
  No clerk of court shall issue a writ of replevin prior to final judgment unless there has been filed with the clerk of court an...
• 78.055 - Complaint; Requirements.
  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...
• 78.065 - Order To Show Cause; Contents.
  (1) The court without delay shall examine the complaint filed; and, if on the basis of the complaint and further showing of the plaintiff in support...
• 78.067 - Order To Show Cause; Hearing.
  (1) If, after serving a show cause order as provided above, the court finds that the defendant has waived the right to be heard on that...
• 78.068 - Prejudgment Writ Of Replevin.
  (1) A prejudgment writ of replevin may be issued and the property seized delivered forthwith to the petitioners when the nature of the claim and the...
• 78.075 - Order To Show Cause; Waiver.
  The right to be heard provided in ss. 78.065 and 78.067 is waived if the defendant, after receiving a show cause order, engages in any...
• 78.08 - Writ; Form.
  The writ shall command the sheriff to replevy the described personal property in possession of defendant.History.—s. 4, Mar. 11, 1845; RS 1714; GS 2178; RGS...
• 78.10 - Writ; Execution On Property In Buildings Or Enclosures.
  In executing the writ of replevin, if the sheriff has reasonable grounds to believe that the property or any part thereof is secreted or concealed...
• 78.11 - Writ; Execution On Property Changing Possession.
  If the property to be replevied is in the possession of defendant at the time of the issuance of the writ, and passes into the...
• 78.12 - Writ; Execution On Property Removed From Jurisdiction.
  At the time of service of the writ if the property to be replevied is located outside the county of the court issuing the writ,...
• 78.13 - Writ; Disposition Of Property Levied On.
  The officer executing the writ by levying on the property described shall deliver the property forthwith to plaintiff unless the writ directs otherwise. The defendant...
• 78.18 - Judgment For Plaintiff When Goods Not Delivered To Defendant.
  If it appears that the property described in the complaint was wrongfully taken or detained by defendant and the property has been delivered to plaintiff...
• 78.19 - Judgment For Plaintiff When Goods Retained By Or Redelivered To Defendant.
  (1) If it appears that the property was retained by, or redelivered to, defendant on his or her forthcoming bond, plaintiff shall take judgment for the...
• 78.20 - Judgment For Defendant When Goods Retained By, Or Redelivered To, Defendant.
  When property has been retained by, or redelivered to, defendant on his or her forthcoming bond or upon the dissolution of a prejudgment writ and...
• 78.21 - Judgment For Defendant When Goods Not Retained By, Or Redelivered To, Defendant.
  When the property has not been retained by, or redelivered to, defendant and he or she prevails, judgment shall be entered against plaintiff for possession...

Last modified: September 23, 2016