Chapter 78 — Chapter 78
19 sections in this chapter.
Fla. Stat. § 78.01 Right of replevin
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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. Notice of lis pendens to charge third…
Fla. Stat. § 78.02 What may not be taken by replevin
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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 defendant in any execution or attachment to recover goods and chattels seized by virtue thereof unless such goods and chatt…
Fla. Stat. § 78.03 Jurisdiction
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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 property consists of separate articles, the value of any one of which is within the jurisdiction of a lower court but taken together will ex…
Fla. Stat. § 78.032 Venue
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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 the defendant resides, or where the cause of action accrued. An action that includes a cause of action for replevin and other causes of a…
Fla. Stat. § 78.045 Writ; court order required
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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 order authorizing the issuance of such writ of replevin.
Fla. Stat. § 78.055 Complaint; requirements
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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 po…
Fla. Stat. § 78.065 Order to show cause; contents
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(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 of it the court finds that the defendant has waived in accordance with s. 78.075 his or her right to be notified and heard, the cou…
Fla. Stat. § 78.067 Order to show cause; hearing
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(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 order in accordance with s. 78.075, it shall dispense with the hearing on the show cause order and promptly issue an order authorizing the clerk…
Fla. Stat. § 78.068 Prejudgment writ of replevin
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(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 amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the ve…
Fla. Stat. § 78.075 Order to show cause; waiver
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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 conduct that clearly shows that he or she wants to forego the right to be heard on that order. The defendant’s failure to appear at the hearing d…
Fla. Stat. § 78.08 Writ; form
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The writ shall command the sheriff to replevy the described personal property in possession of defendant.
Fla. Stat. § 78.10 Writ; execution on property in buildings or enclosures
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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 in any dwelling house or other building or enclosure, the sheriff shall publicly demand delivery thereof; and, if it is not delivered…
Fla. Stat. § 78.11 Writ; execution on property changing possession
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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 possession of a third person before the execution of the writ, the officer holding the writ shall execute it on the property in the possession of the thi…
Fla. Stat. § 78.12 Writ; execution on property removed from jurisdiction
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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, the party having had the writ issued shall deliver it to the sheriff of the county where the property is located and to whom the writ is directed, and t…
Fla. Stat. § 78.13 Writ; disposition of property levied on
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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 may obtain release of the property seized within 5 days after the seizure by posting with the clerk of the court …
Fla. Stat. § 78.18 Judgment for plaintiff when goods not delivered to defendant
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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 by the officer executing the writ, plaintiff shall have judgment for his or her damages caused by the taking and detention and…
Fla. Stat. § 78.19 Judgment for plaintiff when goods retained by or redelivered to defendant
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(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 property and against defendant and the surety on the forthcoming bond for the value of the property, but when plaintiff’s intere…
Fla. Stat. § 78.20 Judgment for defendant when goods retained by, or redelivered to, defendant
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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 defendant prevails, he or she shall have judgment against plaintiff for his or her damages for the taking, if any, of the property, at…
Fla. Stat. § 78.21 Judgment for defendant when goods not retained by, or redelivered to, defendant
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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 of the property and costs and against plaintiff for the value of the property and costs in the same manner as provided in s.…