Florida Replevin: Recovering Business Property Before Final Judgment

Florida businesses facing a dispute over equipment, inventory, vehicles, or other tangible assets often need relief faster than a final judgment can provide. When a business’s equipment, inventory, records, or other identifiable personal property is wrongfully held by someone else, a final money judgment may not provide timely relief. Florida’s replevin statute provides a mechanism to recover specific personal property, potentially before the case reaches final judgment. See Fla. Stat. § 78.01.

What Is Florida Replevin and How Does It Work?

Chapter 78 offers two routes that should not be confused: the order-to-show-cause process under sections 78.065 and 78.067, and the prejudgment writ process under section 78.068. The choice matters because the procedures impose different notice, evidentiary, and bond requirements.

Order to Show Cause: Replevin With Notice Under Fla. Stat. Chapter 78

Under section 78.055, the complaint must identify the property, its value and location, the claimant’s right to possession, and the basis for alleging wrongful detention, among other statutory requirements. The court may then direct the defendant to show cause why possession should not be transferred. Ordinarily, the hearing cannot be scheduled sooner than five days after service. Fla. Stat. § 78.065(2).

At the hearing, the court considers affidavits and other submissions and determines which party, with reasonable probability, is entitled to possession pending final adjudication. Fla. Stat. § 78.067(2). A properly served defendant can waive the opportunity to be heard, including by failing to appear under the statutory conditions. Fla. Stat. §§ 78.067(1), 78.075.

Importantly, the show-cause provisions do not impose the plaintiff’s bond required by section 78.068(3). The defendant may nevertheless stay delivery by posting the statutory undertaking. Fla. Stat. § 78.067(2).

Prejudgment Writ: Expedited Replevin Without a Pre-Seizure Hearing

Section 78.068 permits a prejudgment writ based on specific verified facts when the property is threatened by destruction, concealment, waste, removal, or transfer, or when the defendant has failed to make payment as agreed. This procedure can permit seizure without a pre-seizure hearing, but the plaintiff must post a bond in the amount prescribed by section 78.068(3): twice the value of the goods or twice the remaining balance due, whichever is less, as determined by the court.

The defendant has a statutory mechanism to challenge the writ after service. Fla. Stat. § 78.068(6). The difference between these routes is addressed in Hinners v. Hinners, 312 So. 3d 938 (Fla. 4th DCA 2021), which distinguished the show-cause standard from the more demanding procedure for a prejudgment writ without advance notice.

Practical Considerations for Florida Businesses Pursuing Replevin

A business seeking replevin should identify the exact property, establish its possessory right, preserve relevant agreements and correspondence, and evaluate whether notice will jeopardize recovery. The order-to-show-cause route may avoid a substantial plaintiff bond, while an urgent section 78.068 application may be appropriate where the statutory grounds can be demonstrated. Florida businesses should contact a litigation attorney who can evaluate which procedure fits the facts to move quickly when property is at risk.