Orlando, FL asked in Civil Litigation for Florida

Q: I lent a car to a friend, she violated an oral agreement. Can I file a Replevin Court Order to get the car back

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Yes, if it's your car, you can sue her to replevy the car. Or just take it, if you can do so peacefully.

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Yes, but it's not called "filing a Replevin Court Order", it's called filing a Complaint for Replevin, which asks the Court to enter an order for return of the car. Usually, such a complaint also adds a count for conversion, which asks the Court to award money damages for loss of use.

Griffin Klema
Griffin Klema
Answered
  • Tampa, FL
  • Licensed in Florida

A: Yes, a replevin action under Florida Statute Chapter 78 is possible. You can seek damages for the loss of use directly in a replevin action (78.01). However, I disagree with Mr. Baron's answer slightly. You do NOT plead conversion to recover loss of use damages. That claim would only be an alternative claim if you can't get the car back, since an action for conversion would get you money damages for the FULL value of the car (not loss of use). An alternative to get loss of use damages would be an action for trespass to chattels, but in any event, the replevin action already does that for you. Also look at the forms in the Florida Rules of Civil Procedure.

An you can take back the car yourself (called "recapture of chattels" under common law). See State v. Jones, 461 So.2d 97, 98 (Fla. 1986) ("At common law, the owner or custodian of property has the right to take action in defense of that property. That action may include force or confinement reasonable under the circumstances.") https://scholar.google.com/scholar_case?case=15609113175528406430

Emphasis on the word REASONABLE!

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