December 8, 2016     
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Court Services - Replevin

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".



Contact Information

County Civil Division

Telephone: (850) 595-4170   
OFFICE LOCATION

Room 23010 - Second Floor
190 W Government St
Pensacola, Florida  32502
(map)
MAILING ADDRESS
Clerk of the Circuit Court
County Civil Division
P.O. Box 333
Pensacola, Florida  32591-0333


Frequently Asked Questions

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?
Please consult 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.




Forms

NOTICE
Please read the instructions for the forms that you are downloading.
Additional forms may be needed depending on your situation.


NOTE: The forms supplied by the Clerk's office are general in nature and may not meet your specific needs. The Clerk does not guarantee the legal sufficiency of these forms; therefore, you may need to consult with an attorney regarding your particular situation.



Related Resources


NOTE: Most of the "Related Resource" links above are not maintained by the Clerk.