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how to file for a writ of Replevin

by bill
(bradenton, florida)

Hello, How can I file for a writ of Replevin, in Manatee County, FL?

It is for less then $1000. I see a fee schedule for a small claims with REplevin valued at $130, but dont see any instructions for Replevin in the Small Claims Info packet...

Is this just a seperate letter or statement attached to the small claims action? or is there a separate form/action that needs to be taken?

What are the procedures involved/expected for this process?

Also, can lawyers be allowed for small claims actions? I saw where a lawyer can represent you at the pretrial conference in the event a party can not make it, but not sure if that is to request delays or to follow thru with the action/hearing?

Also, what is teh point of the mediation meeting? Seriously? two parties are not going to agree, or they would have... the cost to attend the meeting seems like a good waste of money at $60 per party...

needless to say, this matter is not worth a lot of money, and other then the defendant holding personal property hostage, I would forget about the whole issue, and or let him pursue it thru collections, small claims or even lien action...

also, how likely is small claims courts going to support and enforce normal business laws/codes... i.e. a business not issuing/using written estimates or work orders, but yet wanting/demanding payment, thru the use of holding property hostage...

thanks

Comments for
how to file for a writ of Replevin

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Writ of Replevin
by: Staff, FALDP

Dear Bill,
You've asked several questions all at once. We'll try to answer a few. Remember we are not attorneys, and do not provide legal advice.

Writ of Replevin:

78.068 Prejudgment writ of replevin.—

"(1) A prejudgment writ of replevin may be issued and the property seized delivered forthwith to the petitioners when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the verified petition or by separate affidavit of the petitioner."

This refers to the process to recover property before going to court - prejudgment. There is a different procedure for carrying out a writ of replevin after going to court. After there is a judgment the sheriffs can recover the property. The law, however, is very specific about exactly how this all must be done. Please consider this information as a starting point, and continue your own research.

Mediation prior to small claims:

Believe it or not, people do come to agreements during the mediation. It has been a requirement in most circuits for many years to require litigants to attempt to mediate their dispute prior to going before the judge in small claims.

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