What is Replevin and How Can it Help You?

When someone takes or keeps your property, you understandably want it back. To get it back, you often have to go to court. What you’re really asking for is the remedy of replevin.

When Do You Need Replevin?

Imagine scenarios where someone else takes wrongfully, or retains wrongfully, property that belongs to you. This is common in scenarios where an ex-employee retains sensitive documents or information, or where an item or information is stolen from you, and is being misappropriated to competitors or to the public.

To get it back, you would ask the court for an action for replevin.

Replevin works when the items stolen are specific, unique, and identifiable. So, for example, if your secret business plans were stolen by an employee, or your customer list was taken, you would ask for replevin. You could not ask for replevin if money was stolen—every dollar is the same as the next, and one dollar has no unique property with the next (that is, money is fungible).

The property has to be able to be seized if the replevin is successful. That means it must be identifiable. Again, items, documents, or property can be identified; money cannot be specifically identified.

Possession and Speed Matter

The only question in a replevin action is who is entitled to immediate retention of the allegedly stolen property. Who the legal owner is, is a separate issue, which can be litigated later on.

The good thing about replevin is that the court acts on it quickly. Once a complaint for replevin is filed, the Defendant has five days to file a response to the court, explaining why the possession is legal and/or explaining why the Plaintiff’s claim for replevin has no merit.

If the judge in the hearing does find the retention of property to be illegal, a writ of replevin will be issued, and the property will be seized from whomever possesses it by the sheriff’s office.

Ex Parte Replevin

In some cases, someone who asks for replevin can have the writ of replevin issued without even telling or notifying the other side (called ex parte).

Because the other side gets no notice, and no opportunity to defend itself, this kind of action is rare, but it can be used where notifying the other side could cause the allegedly stolen property to be destroyed or hidden further. The moving party (the plaintiff) may have to post a bond to protect the Defendant, if the Plaintiff asks for an ex parte order.

This quick, five-day hearing and order is not a final judgement; there still will be a full hearing on who gets to own, keep, or possess the property. And it does happen that someone who gets to keep the property at the first hearing has to return it after a full trial on all the merits with all the evidence, is finally heard.

Replevin can allow for the rare, speedy (albeit temporary) remedy for businesses that find that valuable information documentation trade secrets, or items, have been taken wrongfully.

Has your business property been taken, stolen, or misused? Get help immediately before it’s too late. Call the West Palm Beach business litigation lawyers at Pike & Lustig today for help with your commercial litigation case.

Source:

usmarshals.gov/what-we-do/service-of-process/civil-process/writ-of-replevin