Civil court is where individuals can present all their personal disagreements before a judge. This should not be confused with criminal court, which is necessary for adjudicating a broken law. In many cases, civil court disputes are a matter of personal property.
Instead of spending months in court addressing personal disagreements over belongings, there is a process called the writ of replevin. Replevin is a legal term that refers to the process of reclaiming rightfully owned possessions, sometimes referred to as “claim and delivery.”
In Florida, statutes are in place to prevent subsequent hearings regarding the same property or any dispute related to the property, so a writ of replevin means the end of the road for any single property dispute. This process can be quickly initiated with the aid of a process server.
Money vs. Property
The key difference between a writ of replevin and other property proceedings is that replevin must deal only with tangible possessions. No money can be claimed within the rulings. For example, a purse in question may be brought before a judge in a replevin hearing, but a general amount of money cannot. Accordingly, in a replevin case, the court requires the offending party to return the items in question instead of providing monetary compensation.
Goods involved in replevin may include debt collateral claimed by the lender or personal property that has remained in a temporary holding for longer than agreed. To file a replevin action, you need proof of ownership and a description of the item(s) in question.
Using a Process Server
Many people choose to utilize a personal attorney for these cases, which results in an overload of replevin actions needing to be filed.
However, using a process server instead ensures that all replevin notices are filed correctly and in a timely fashion, resulting in a speedier outcome. Learn how a local process server can help you today.
