Replevin is a civil action to recover a piece of personal property that a person refuses to return to you. In a replevin action, you must prove a legal right to the possession of the property, such as ownership of it, and that the defendant has wrongful possession of the property.
A replevin action may also be filed to recover certain stolen property that is in the possession of a "second hand dealer" such as a pawn shop, consignment shop, or garage sale operator. A replevin action may also be filed for return of stolen property from a "secondary metals recycler".
If someone is holding some of my property and will not release it to me, what can I do?
You may be able to file a replevin action at the Clerk's office.
What do I need to file a replevin?
You will need three
copies of the following:
- Proof of ownership
- Complete description of the property
- Something showing the value of the property
How much does it cost to file a replevin?
the fee schedule. Currently, the filing fee should be:
- $130 - If the value of the property is less than $1000
- $175 - If the value of the property is $1000.00 through $2,500
- $300 - If the value of the property is greater than $2,500
Additional fees may include:
- An additional $40 per person fee for the Sheriff to serve the defendant
- An additional $90 fee for the Sheriff to serve the writ of replevin, if so ordered by the court
What forms of payment do you accept?
Generally, the Clerk's
Office accepts cash, personal check, Mastercard, and Visa for the payment of
filing fees. However, the Sheriff's fee must be paid using a Business
Check or Money Order payable to the "Escambia County Sheriff's Office".
What happens once I file the replevin?
Your case will be
set for a hearing to go before a judge. An Order To Show Cause will be
issued and served on the defendant, notifying him/her of the action and the date
of the hearing. You will also be notified of the hearing date.
What happens at the hearing?
The Judge will review the
evidence, hear testimony, and make a determination if the property should be
returned to you, the plaintiff, or if the property should remain in the
possession of the defendant.
What happens if the Judge orders that my property can be returned to me?
If the Judge orders that the property should be returned to you and the
defendant does not willingly return the property, you will need to request that
the Writ of Replevin be issued and served on the defendant. The Sheriff
will then put you in possession of the property.