Q: I need to know how to go about to start a writ of replevin of property that I own and has not been returned to me.

A: You seem determined to DIY. Personally, I would advise against that, especially in a fairly technical area of law such as replevin. If an attorney does not fit into your budget, you could try Legal Aid, Florida Bar pro bono, your church or elsewhere to find a free or reduced price lawyer.

A: Replevin can be a straightforward process. Read Florida Statute 78, ALL OF IT. Also review the forms included in the Florida Rules of Civil Procedure, including Form 1.908, 1.916, 1.937, and 1.995. The basic process in a replevin action is: 1. Draft and file three things: (A) complaint, (B) an ex parte motion for replevin order to show cause, and (C) summons to each defendant;

2. Wait for clerk to assign case number and judge;

3. Set ex parte motion for hearing unilaterally on the judge’s uniform motion calendar (between 5 and 10 days, depending on the judge’s local rules);

4. Attend hearing and request entry of replevin order to show cause;

5. Serve the replevin order to show cause on the defendant(s);

6. Attend the show cause hearing (the should have been set date by court in its prior order to show cause);

7. If the order for writ of replevin is granted, the clerk of courts issues a writ of replevin;

8. You then provide the writ to the sheriff of the county where the property is located, and sheriff schedules date for executing writ. You will have to pay the Sheriff for its services.

9. If the defendant defaults (5 – 20 days after service) seek default final judgment;

10. If the defendant appears and opposes the proceedings, continue litigation seeking a final judgment of replevin, and/or damages.

11. Execute on a final judgment for damages (and replevin, if not already executed).

I have handled replevin actions for clients, and I am available to assist you if you need representation. Good luck!