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Remedies • Tort - Legal Restitutionary Remedies
REM#014
Legal Definition
Replevin allows the plaintiff to recover possession of specific items of personal property, and is available where (1) the plaintiff has a right to possession, and (2) there has been a wrongful withholding by the defendant.
Replevin allows the plaintiff to recover the chattel before trial, but (1) the plaintiff must post a bond, and (2) the defendant can defeat an immediate recovery by posting a redelivery bond, which allows the defendant to keep the chattel until after the trial.
Where replevin is appropriate, the sheriff repossesses the property on the plaintiff's behalf, as the plaintiff cannot resort to self-help.
Replevin allows the plaintiff to recover the chattel before trial, but (1) the plaintiff must post a bond, and (2) the defendant can defeat an immediate recovery by posting a redelivery bond, which allows the defendant to keep the chattel until after the trial.
Where replevin is appropriate, the sheriff repossesses the property on the plaintiff's behalf, as the plaintiff cannot resort to self-help.
Plain English Explanation
The word "replevin" comes from the old French word "replevir," which means "recover." In other words, replevin is a legal way to recover personal property that is being wrongfully possessed by someone else before a court has determined who gets to keep it forever. The purpose of replevin is fairness and prevention of vigilante justice. When you feel someone is keeping your personal stuff and you deserve to have it back now, it's tempting to break in and grab it yourself. But that violates laws and creates risk of violence. The law understands the urgency to get your special items back before a full trial, though. So replevin allows "replevying" (taking back) the goods with court supervision. All parties are protected. The stakes are leveled through bonds on both sides. And goods are preserved until ownership is legally decided. Ultimately, it prevents parties from circumventing the legal process, no matter how unfair it seems in the moment.
Hypothetical
Hypo 1: Bob steals Sam's Rolex watch he inherited from his Great Great Grandfather. It is worth about $5,000. Sam sues Bob for conversion and, for damages, asks for replevin of the watch. Result: The court will ask Sam to post a bond of $5,000 to cover the value of the watch, then Bob will be required to hand over the watch. At the end of the trial, if the court finds that it is, in fact, Sam's watch, the bond will be returned. If the court finds that Bob is actually the owner, Sam will be required to return the watch to Bob or forfeit the bond. Note that Bob can also post a bond, called a "redelivery bond," that will allow him to hold on to the watch during the trial.
Hypo 2: Sam loans Bob his grandfather's war medal. Bob refuses to give it back. Sam files a replevin action and posts a bond. The sheriff takes the medal from Bob and returns it to Sam pending trial on rightful ownership. Result: Replevin properly allowed Sam to quickly regain an item of personal value wrongfully kept by Bob.
Hypo 3: Bert hides George's bike and refuses to say where it is. George files a replevin action. But since Bert doesn't currently possess the bike, replevin is unavailable. Result: Replevin requires the defendant to currently possess the personal property sought by plaintiff.
Hypo 4: Sam takes Bob's watch without permission but Bob breaks into Sam's home to take it back before filing any court claim. Result: Self-help through trespassing, burglary, etc. is not allowed. Bob should have filed a replevin action first.
Hypo 2: Sam loans Bob his grandfather's war medal. Bob refuses to give it back. Sam files a replevin action and posts a bond. The sheriff takes the medal from Bob and returns it to Sam pending trial on rightful ownership. Result: Replevin properly allowed Sam to quickly regain an item of personal value wrongfully kept by Bob.
Hypo 3: Bert hides George's bike and refuses to say where it is. George files a replevin action. But since Bert doesn't currently possess the bike, replevin is unavailable. Result: Replevin requires the defendant to currently possess the personal property sought by plaintiff.
Hypo 4: Sam takes Bob's watch without permission but Bob breaks into Sam's home to take it back before filing any court claim. Result: Self-help through trespassing, burglary, etc. is not allowed. Bob should have filed a replevin action first.
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