Missouri Real Estate Lawyer

Replevin is a legal remedy that permits the recovery of personal property possessed by someone else. It is one of the oldest common law causes of action. Developed in England several hundred years ago, it was adopted as part of the common law in the United States. Replevin in often used by creditors and by companies in disputes with manufacturers. Replevin differs from other similar legal remedies, like conversion, money had and received, and trespass on personal property. Replevin allows the plaintiff to gain possession of the personal property; the other causes of action only allow the plaintiff to recover damages, not possession of the property. Replevin also allows the plaintiff to obtain possession of the property at the beginning of a lawsuit. Following the trial, the court or jury will determine which party ultimately has the right to possess the property.

Replevin Affidavit

In order to get possession of the property at the beginning of the lawsuit, the plaintiff must first file an affidavit that describes the property, shows that the plaintiff is entitled to possess the property, states the value of the property, states that the property has not been seized by the other party pursuant to some legal process, and that the plaintiff is in danger of losing the property unless plaintiff obtains immediate possession of the property. If the court finds that the plaintiff has a right to the immediate possession of the property, then the court will order the sheriff to seize the property and deliver it to the plaintiff.

Delivery Bond

However, before the sheriff seizes the property, a notice must be served on the defendant stating that the defendant has a right to a hearing as to plaintiff’s right to possess the property. The notice must also state that the defendant has the right to keep possession of the property during the pendency of the lawsuit if the defendant files with the court a delivery bond. The bond must be for double the value of the property. Likewise, before the court will order the sheriff to seize the property and deliver it to the plaintiff, to hold during the pendency of the lawsuit, the plaintiff must file with the court a bond for double the value of the property. (The plaintiff must post a bond only if the plaintiff wants to obtain physical possession of the property at the beginning of the lawsuit. A plaintiff can forego a bond by not requesting seizure of the property at the commencement of the action and instead waiting for the court to determine at trial who has the right to posses the property.)

If the party not in possession of the property wins the lawsuit, then that party can ask the court or a jury to determine the value of the property and to assess damages incurred by that party in relation to having lost possession of the property. Such winner of the lawsuit can then seek to have the property returned to the party reimbursement for its value. The judgment can also include various damages suffered in relation to the property.

This article is for general informational purposes only, and it is not intended as legal advice.

Michael Sewell has successfully litigated numerous Missouri real estate and business related lawsuits since 2005. Please contact Michael at (314) 942-3232 or at michael@sewelllaw.net to discuss your litigation or other legal matters.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

© 2019 Sewell Law, LC