Replevin is the Florida lawsuit you file when someone is holding specific personal property that belongs to you, or that you have a right to possess, and you want the item back, not just money. For a business, that usually means equipment, a company vehicle, inventory, tools, or records and devices held by a former partner, employee, vendor or customer. The remedy comes from Chapter 78 of the Florida Statutes, and a “writ of replevin” is the court order that directs the sheriff to take the property and deliver it to you.

This guide explains when replevin fits, how a prejudgment writ works, what it costs to start, where owners go wrong, and when to call a lawyer.

TL;DR

• Replevin recovers specific personal property that is wrongfully detained. It is the right tool when the item matters more to your business than a damages check.
• You can ask the court for the property before the case ends, but you must file a verified complaint and post a bond of twice the property’s value or twice the balance due, whichever is lesser.
• Filing fees start at $395 for claims of $50,000 or less, plus a possible clerk surcharge of up to $85, and the bond is often the larger practical cost.
• Serving the wrong party, or the wrong registered agent, can undo the whole effort. Check the defendant on Sunbiz first.
• Replevin has limits. It does not reach property seized for taxes or fines, or goods already held under an execution or attachment.

Table of Contents

• What replevin is, and what it is not
• When replevin makes sense for a business
• Final judgment versus a prejudgment writ
• How a prejudgment writ works, step by step
• What it costs to start
• Who you sue, and how you serve them
• Attorney’s fees and the risk of getting it wrong
• Replevin versus other options
• Our perspective
• Working with a business litigation lawyer
• Mistakes that sink replevin cases
• If you are the one being sued
• FAQ
• Sources

What replevin is, and what it is not

Under the statute, any person whose personal property is wrongfully detained by another person or officer may seek a writ of replevin to recover the property and any damages caused by the wrongful taking or detention. The text of section 78.01 and the rest of Chapter 78 is short and worth reading before you decide anything.

Two words in that sentence do the work: personal property and wrongfully detained.

Personal property means movable things: machinery, vehicles, boats, inventory, computers, artwork, furniture. Land and buildings are not personal property. If your dispute is over real estate, you are in a different set of remedies, such as ejectment, eviction or quiet title. (Our real estate litigation FAQ covers that side.)

Wrongfully detained means someone has the item and has no right to keep it. That can be a flat refusal to return something you lent, a former business partner who left with company equipment, or a customer who stopped paying on goods you sold under a security interest and will not give them back.

Replevin is not a collection tool for ordinary unpaid invoices. If someone simply owes you money and holds nothing of yours, you have a breach of contract claim, not a replevin claim. Money is the remedy there, and the process is different. Our overview of how a business gets paid explains why that distinction matters.

What replevin cannot reach

The statute lists exclusions. No replevin lies for property taken under a warrant for the collection of a tax, assessment or fine. It also does not let a defendant in an execution or attachment recover goods seized that way, unless the goods are exempt. And the original defendant in a replevin case cannot use replevin to take back property that was delivered to the plaintiff while it remains with the plaintiff or the plaintiff’s agents. These exclusions are in section 78.02.

When replevin makes sense for a business

Replevin is worth considering when the specific item is hard to replace, is losing value while it sits, or is essential to operations. Common business situations:

• A departing partner or member keeps company equipment. The operating agreement says the equipment belongs to the company, but the person will not return it.
• A former employee keeps tools, vehicles, laptops or phones that belong to the business.
• A vendor or contractor holds your property, such as molds, inventory, fixtures or prototypes, over a payment dispute you say does not justify keeping it.
• A lessee defaults and will not return leased equipment.
• A seller with a security interest wants collateral back after a buyer defaults.
• Co-owned or disputed assets, such as a vessel or vehicle titled in an unclear way, where possession is the real fight.

If money would make you whole, a damages claim may be simpler and cheaper. If the property is unique, perishable, or running your business, recovery of the thing itself is the point, and replevin is built for that.

Check the facts before you file

Before you pay a filing fee, you should be able to answer these in writing:

1. What exactly is the property? Make, model, serial number, VIN, hull number, photos.
2. What is its value? The bond depends on it, and so does the court where you file.
3. How do you know you own it or have the right to possess it? Bills of sale, titles, leases, security agreements, the operating agreement.
4. Where is it, and who has it? The sheriff can only take what is where you say it is.
5. How did the other side get it, and why do they say they can keep it?

The statute requires the complaint to cover most of these points, including a description of the property, a statement of your title or right to possession (with a copy of any written instrument you rely on attached), and the means and cause of the detention, as set out in section 78.055.

Final judgment versus a prejudgment writ

There are two ways to get property back through replevin.

At the end of the case. You sue, win, and the judgment orders the property returned, plus damages for the wrongful detention. This is slow, and the property may be damaged, sold or hidden meanwhile.

Before the case ends. You ask the court to order the property seized and delivered to you while the case is pending. The statute is explicit that a clerk cannot issue a writ before final judgment without a court order, as section 78.045 provides. Because this lets the court move property before a full trial, the law builds in protections for the defendant: notice, a hearing, and a bond.

One published summary describes the prejudgment writ as a way for a creditor to get possession on an expedited basis before final judgment. That speed is the reason most business owners look at replevin at all.

How a prejudgment writ works, step by step

1. File a verified complaint

The complaint has to be sworn, or supported by an affidavit, and has to show the plaintiff’s right to the property and the wrongful detention. Sloppy complaints are the most common reason for delay. Attach the documents that prove your right, and describe the item so a deputy could identify it in a warehouse.

2. The court issues an order to show cause

If the court finds the complaint sufficient and the defendant has not waived notice, it issues an order directing the defendant to show cause why the property should not be taken and delivered to you. The hearing date cannot be set sooner than 5 days after service of that order, according to section 78.067. Do not plan around a same-day seizure.

3. Get the hearing on the calendar

Do not assume the clerk will call you. One Florida clerk’s filing packet says that if you have not received a hearing notice within two weeks of filing, contacting the clerk to secure a hearing date is the petitioner’s job. A case can sit idle because nobody followed up. Local practice differs by county, so confirm how your court handles it.

4. Post the bond

To obtain the writ, the petitioner must post a bond for twice the value of the goods subject to the writ or twice the balance owed, whichever is lesser, as determined by the court. The bond secures payment of the damages the defendant could suffer if the writ turns out to have been wrongly obtained, per section 78.068.

A quick example, which is only arithmetic and not a prediction: if a disputed piece of equipment is worth $30,000 and the other side owes you $50,000 on it, the lesser figure controls, so the bond is based on twice the $30,000 value. If it is worth $30,000 and you are owed only $8,000 on it, the bond is based on twice the $8,000 balance. The court decides the figures, so the amount can be argued.

Cash or surety? The same clerk’s packet notes that a cash bond carries additional clerk processing fees, typically 3% of the first $500 and 1.5% of the rest, which makes a cash bond more expensive to maintain than a surety bond. Fees vary by clerk, so ask yours before choosing.

5. The writ issues and the sheriff acts

The writ itself commands the sheriff to replevy the described personal property in the defendant’s possession, as section 78.08 states. The sheriff’s office is an officer of the court, not your agent. Sheriffs’ civil process units generally want a precise address and a clear description, and some publish packets and instructions for civil process on their sites, such as the Hillsborough County Sheriff’s document services page. Check with the sheriff in the county where the property sits.

6. The defendant can fight back

The defendant has 10 days after service to move to dissolve the writ, and the court then sets an immediate hearing, as Chapter 78 provides. If the writ is dissolved, the property can go back, and your bond is what stands behind the defendant’s damages.

What it costs to start

There are three buckets: court costs, the bond, and legal fees.

Cost	What to expect
Base filing fee	$395 for claims of $50,000 or less
Replevin surcharge	Clerk may add up to $85
Service of process	Postage and sheriff or process server charges on the filing party
Bond	Premium for a surety bond, or cash plus clerk processing fees
Attorney’s fees	Depends on scope; see below

The filing figures come from section 28.241 of the Florida Statutes. Fees depend on the value of the claim and the number of defendants, so treat $395 as the floor for smaller claims, not a quote.

Which court you file in depends on value. The statute says replevin must be brought in a court of competent jurisdiction based on the value of the property, per section 78.03. A county court packet, for example, covers cases valued at $50,000 or less.

Attorney’s fees are the part nobody can quote in an article. They turn on how much the other side fights.

Who you sue, and how you serve them

If the person holding your property is a company, get the name exactly right. Look the entity up on Sunbiz, the Florida Division of Corporations’ search, to find its legal name and registered agent. The Lake County clerk’s packet stresses that the registered agent is the party authorized to accept service for a corporation, and that serving the wrong person can invalidate the process.

That also cuts the other way. If your own registered agent information is stale, you can miss a lawsuit against your business. If that applies to you, see our guides on changing a registered agent in Florida and on why a registered agent matters. If you are unsure of a company’s exact registered name, our Sunbiz name check page explains how we approach it.

Attorney’s fees and the risk of getting it wrong

An aggressive prejudgment writ can backfire. A defendant who knocks out a writ does not necessarily get an immediate fee award. Appellate decisions in the Third, Fourth and Fifth Districts, discussed in a Third District opinion filed September 7, 2022, indicate a defendant generally has to prevail in the underlying replevin action itself before recovering fees under section 78.20. Earlier rulings elsewhere went differently, so the law is not uniform, and you should have counsel check the current rule in your district.

The practical point for plaintiffs: win or lose, the case can end with a fee shift. Our guide to Florida prevailing party fees explains how fee-shifting provisions in contracts and statutes can cut either way.

Replevin versus other options

Situation	Likely better fit
You want a specific item back	Replevin
You are owed money and hold nothing of the other side’s	Breach of contract claim
Someone took your property intending to deprive you of it	Replevin plus possible civil theft claim under section 772.11
The dispute has an arbitration or mediation clause	Arbitration or mediation first, then court if needed
The fight is over a building or land	Real estate litigation, not replevin

Read your contract before you file. Many business agreements require mediation or arbitration before suit, and filing in the wrong forum can cost time.

Our perspective

Most business owners who call us about replevin have already waited too long. The equipment walked out the door in March, there was a flurry of texts, and by June the owner is ready to act. By then, the paper trail is the problem, not the law.

We tell clients the same things up front. Keep proof of ownership where you can find it: titles, invoices, serial numbers, the signed agreement. Put demands in writing, and be specific about the item and the deadline. Do not self-help by going onto someone’s premises and taking the property back, because that can turn a good claim into a bad day. And ask whether you want the property or the value, since that decides whether replevin is the right tool.

We also look hard at the bond before anything is filed. A strong claim can still be a poor business decision if the bond ties up cash the company needs. In some cases a demand letter from counsel, a negotiated return, or mediation gets the item back faster and for less. In others, a well-drafted verified complaint and a prepared hearing are exactly what moves the other side.

That is the kind of practical call we make for small businesses and startups in South Florida, with over 20 years of experience and an AV Preeminent rating behind it.

— Matthew

Working with a business litigation lawyer

If another party is holding property your business needs, we can look at the documents, tell you whether replevin, a contract claim or negotiation is the better path, and handle the filing and hearing if you proceed. Our business litigation practice serves owners in Coral Springs, Parkland and across Broward County and South Florida. If the dispute started with a weak agreement, our business transactions work can help you fix the paper before the next deal. Our offers carry no published price, so fees are discussed once we know the scope.

Mistakes that sink replevin cases

• Vague property descriptions. The sheriff cannot take “the equipment.” Use serial numbers.
• Suing the wrong entity. Confirm the name and registered agent on Sunbiz.
• Underestimating the bond. Ask a surety company for a quote before you file.
• Letting the hearing request lapse. Follow up with the clerk if no date arrives.
• Ignoring the 10-day window. If you are the defendant, a motion to dissolve has a deadline.
• Filing in the wrong court or ignoring an arbitration clause.
• Waiting. Property moves, depreciates and disappears.

If you are the one being sued

The same rules protect you. You are entitled to notice and a hearing before a prejudgment writ is issued, unless you waived it. If the writ issues and you believe it was wrongly obtained, you have 10 days after service to move to dissolve it. Gather your own proof of how you came to hold the property and why you say you may keep it, and contact a lawyer immediately, before the hearing date.

FAQ

What is a writ of replevin in Florida?

It is a court order directing the sheriff to take specific personal property from the person holding it and deliver it to the party entitled to possession. In Florida it is governed by Chapter 78 of the Florida Statutes. A court order is required before a writ can issue ahead of final judgment.

How much does it cost to file a replevin action in Florida?

For claims of $50,000 or less, the base circuit court filing fee is $395, and the clerk may add up to $85 for replevin proceedings. You also pay for service of process and, if you seek a prejudgment writ, a bond. Attorney’s fees are separate and depend on the case.

How fast can I get my property back?

Not instantly. The court must issue an order to show cause, and the hearing cannot be set sooner than 5 days after service of that order. After the writ issues, the defendant has 10 days to move to dissolve it. Contested cases take longer.

Can I use replevin to collect an unpaid invoice?

Not by itself. Replevin recovers specific property wrongfully detained. If you are simply owed money, the usual claim is breach of contract. Replevin can fit if you have a security interest or ownership right in a particular item the debtor holds.

Do I need a lawyer for a replevin case?

Small claims can be filed without one, but a prejudgment writ involves a verified complaint, a bond, a hearing and strict service rules. A mistake can delay recovery or expose you to a fee claim. For a business, having counsel is usually worth it, and your situation may have details this article cannot cover.

Sources

• Chapter 78, 2026 Florida Statutes (Replevin)
• Chapter 78, 2026 Florida Statutes, full text
• Chapter 78 on Online Sunshine (sections 78.02, 78.03, 78.055, 78.067, 78.068)
• Section 78.08, writ form
• Section 78.045, 2025 Florida Statutes
• Section 28.241, filing fees
• Lake County Clerk, county court replevin filing instructions
• Third District Court of Appeal opinion, September 7, 2022
• Hillsborough County Sheriff’s Office document services

Recommended

• Business Civil Theft Lawyer Florida: A Guide to Section 772.11 Claims
• How to Collect a Judgment in Florida: A Business Owner’s Guide for 2026
• Business Embezzlement Lawyer in South Florida: Protecting Your Assets and Interests
• Lawyer for Unpaid Invoices in Florida: Recover Your Business Debt in 2026