Your Right To Replevin
Repelvin is simply when personal property is wrongfully detained. The Right of Replevin as stated in the Florida Statutes at §78.01, “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.” Filing for Replevin requires a Verified Complaint, meaning it must be declared or sworn. The Complaint must include a description of the personal property, proof of ownership, a statement alleging that the property is wrongfully detained, a valuation of the property to early for the use of and certification that it was not taken for tax and assessment or other fine pursuant to law. (§78.055, Fla Stat.) It is possible to obtain a Pre-Judgment Writ by posting bond for twice the value of the personal property submitting a verified motion along with a proposed Order Directing Writ. (§78.068, Fla Stat.)
In pursuit of personal property, one tool could be a Break Order. A Break Order requires verified specific facts, property that has been enclosed, locked or blocked to recovery (such as in a garage or storge facility, a detailed log must be kept with specific language included in the Order. See (§78.10, Fla Stat.)
Final steps in the replevin process involves the execution of the Writ of Replevin including an agent on the scene, a locksmith and a recovery agent.
If the property sought is valued at more than $75,000, and/or lender/lessor and borrower/lessee are in different states, a Writ could be sought in Federal Court. 28 USC §1332
The firm is ready and available to assist you today. 786.423.6898 Request a Consultation