What Is a Writ of Replevin in Florida?

To obtain a writ before final judgment, the plaintiff files a complaint that identifies the property, states its value and location, explains the plaintiff's ownership or right to possession, and attaches any written instrument the claim relies on. The complaint must also explain how the defendant came to hold the property and state that it was not taken for a tax, assessment, or fine, and that it was not taken under an execution or attachment against the plaintiff or is exempt from that taking.

In the usual case, the court issues an order for the defendant to show cause why the property should not be delivered to the plaintiff. The hearing may not be set sooner than 5 days after service. The defendant may file affidavits and appear. If the court finds the plaintiff entitled to possession until final judgment, the defendant may post a surety bond equal to the value of the property to stay delivery.

A faster prejudgment writ requires specific facts in a verified petition or affidavit and a court finding that the property is at risk of destruction, concealment, removal, or transfer, or that the defendant failed to pay as agreed. A circuit or county judge must sign the order, and the petitioner must post a bond. The defendant may post a bond within 5 days to obtain release of the property, or move within 10 days to dissolve the writ.

Recording notice of a claim is explained in what a lis pendens is.