{"id":352975,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/replevin.html"},"modified":"2025-11-05T14:08:53","modified_gmt":"2025-11-05T19:08:53","slug":"replevin","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/replevin.html","title":{"rendered":"Replevin: How To Get Your Property Back"},"content":{"rendered":"\n
\n

Replevin: How To Get Your Property Back<\/h1>\n\n
\n
\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

Replevin is a legal action<\/span> that can help you recover personal property<\/span> that has been wrongfully taken by someone else. A writ of replevin<\/span> allows you to regain possession of the property<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

A broad range of scenarios could involve a replevin action. These cases could include motor vehicle accidents and contract disputes.<\/p>\n

Imagine you loan your motor vehicle to a friend. After a serious car accident, the insurer’s preferred mechanic repairs the vehicle. But the car wasn’t returned to you due to a dispute over payment with the insurance company. Or a situation where a creditor unjustly repossesses your vehicle due to a misunderstanding about your account. In such cases, you might use a replevin action to get your car back.<\/p>\n

This article discusses how to start a replevin action. It also addresses how to amend your complaint if necessary and how to appeal. The article also discusses replevin actions as they relate to real property. Finally, the article addresses the limitations of replevin actions.<\/p>\n

If you need help recovering withheld or stolen property, get advice from a tort law attorney<\/a>. A lawyer can help you prove your ownership and start the legal process to get it back.<\/p>\n

What Is a Replevin Claim?<\/h2>\n

Replevin is a common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This civil action is more commonly associated with personal chattels. Chattels are personal possessions.<\/p>\n

Replevin actions are often a remedy for the tort of conversion<\/a>. A tort is a wrongful act under civil law, as opposed to a criminal act like theft<\/a> or larceny<\/a>. As with the vehicle examples mentioned above, the taking of property is not always criminal in nature. Conversion is a civil law term that describes someone taking, changing, or damaging your personal property.\u00a0Replevin primarily addresses the wrongful taking of your property.<\/p>\n

The goal of a replevin action<\/span> is the legal return of the property<\/span>. The court can compel the person who is currently in possession of the property<\/span> to return it to its rightful owner. Or, this could mean returning the property to the person who is supposed to possess it, even if they don’t own it.\u00a0<\/p>\n

Starting a Replevin Action<\/h2>\n

The process of starting a replevin action usually begins with filing a\u00a0complaint<\/a>. It also requires filing an\u00a0affidavit<\/a>\u00a0in the county or district court where the property is.<\/p>\n

The affidavit:<\/p>\n