[MM_Access_Decision access='false']

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 the court a complaint reciting and showing the following information:

1. A description of the claimed property that is sufficient to make possible its identification and a statement, to the best knowledge, information, and belief of the plaintiff of the value of such property and its location.
2. A statement that the plaintiff is the owner of the claimed property or is entitled to possession of it, describing the source of such title or right. If the plaintiff’s interest in such property is based on a written instrument, a copy of said instrument must be attached to the complaint.
3. A statement that the property is wrongfully detained by the defendant, the means by which the defendant came into possession thereof, and the cause of such detention according to the best knowledge, information, and belief of the plaintiff.
4. A statement that the claimed property has not been taken for a tax, assessment, or fine pursuant to law.

Subscribers To The Florida Litigation Guide Can See:

• The rest of the elements for this cause of action;
• The citations to the most recent state and federal court cases citing the cause of action;
• The statute of limitations; and
• The defenses to this cause of action.

Click Here To See A Sample Chapter From The Guide

Subscribe to The Florida Litigation Guide To Access Everything!

[/MM_Access_Decision] [MM_Access_Decision access='true']

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 the court a complaint reciting and showing the following information:

1. A description of the claimed property that is sufficient to make possible its identification and a statement, to the best knowledge, information, and belief of the plaintiff of the value of such property and its location.
2. A statement that the plaintiff is the owner of the claimed property or is entitled to possession of it, describing the source of such title or right. If the plaintiff’s interest in such property is based on a written instrument, a copy of said instrument must be attached to the complaint.
3. A statement that the property is wrongfully detained by the defendant, the means by which the defendant came into possession thereof, and the cause of such detention according to the best knowledge, information, and belief of the plaintiff.
4. A statement that the claimed property has not been taken for a tax, assessment, or fine pursuant to law.

A statement that the property has not been taken under an execution or attachment against the property or the plaintiff or, if so taken, that it is by law exempt from such taking, setting forth a reference to the exemption law relied upon.

Fla. Stat. §78.055; generally, Fla. Stat. Ch. 78.

---

FLORIDA STATE COURTS

Supreme Court:   Pavlis v. Atlas-Imperial Diesel Engine Co., 163 So. 515, 516 (1935); Delco Light Co. v. John Le Roy Hutchinson Properties, 128 So. 831 (1930).

Second District: Senfeld v. Bank of Nova Scotia Trust Co., 450 So.2d 1157, n. 5 (Fla. 3d DCA 1984).

Third District: Security Underwriting Consultants v. Collins, Tuttle Investment Corp., 173 So.2d 752 (Fla. 3d DCA 1965).

Fourth District: PNCEF, LLC v. South Aviation, Inc., 60 So. 3d 1120, 1122–23 (Fla. 4th DCA 2011); Prism Educ. Sys. v. Quest Achievement Corp., 51 So. 3d 1262, 1263 (Fla. 4th DCA 2011).

FLORIDA FEDERAL COURTS

Southern District: Babieca Capital, LP v. Cohen Anytime, Inc., No. 1:24-CV-24460-PCH, 2025 WL 1488524, at *4-5 (S.D. Fla. May 23, 2025); Textron Fin. Corp. v. Unique Marine, Inc., 2008 WL 4716965, at *7–8 (S.D. Fla. Oct. 22, 2008); Arnett v. Muente, 2007 WL 9747855, at *9–10 (S.D. Fla. Feb. 22, 2007); Future Tech Int’l v. Tae Il Media, 944 F. Supp. 1538, 1547–48 (S.D. Fla. 1996).

Middle District: Signature Fin. LLC v. Stone Outlet of Fla., 2024 WL 1931355, at *18 (M.D. Fla. Jan. 31, 2024); Transp. All. Bank, Inc. v. Peewee’s Hauling, Inc., 2018 WL 11408633, at *5–6 (M.D. Fla. Aug. 14, 2018); Central Fla. Council, Boy Scouts of America v. Rasmussen, 2010 WL 1258070 (M.D.Fla. 20120); Techtron Corp. v. Piret, 2005 WL 8159500, at *14–15 (M.D. Fla. Oct. 3, 2005).

---

2 Defenses to Claim for Replevin

(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.

(2) Statute of Limitations: §95.11(3), Fla. Stat.

(3) “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 and any damages sustained by reason of the wrongful taking or detention as herein provided.” Fla. Stat. §78.01.

(4) Replevin is a possessory action that requires in rem jurisdiction over the subject matter. Advantage Car Rental & Sales, Inc. v. Mitsubishi Motor Sales of Am., 664 So. 2d 46, 47 (Fla. 3d DCA 1995).

[/MM_Access_Decision]