Also known as: replegiare · repleviable · replevisable · replevisor · replevy · replevied · replevying · replevin action · writ of replevin
Written by attorneys · grounded in primary & secondary sources — see below
An action to recover possession of specific personal property wrongfully taken or detained together with damages for its detention.
Ravi Reddy prepaid Radiance Media for custom-engraved commemorative coins that the seller had already minted and tagged for his account. When gold prices rose the seller repudiated and refused delivery. Ravi filed an action to obtain the specific coins themselves rather than money damages.
A bankruptcy trustee discovered that the debtor had transferred a valuable machine to Granfinanciera shortly before filing. The trustee brought an action styled as replevin to recover the chattel itself rather than seeking only a money judgment.
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Rachel Ramirez discovered that two paintings stolen from her gallery decades earlier were now in the possession of Ralph Richardson. She filed a replevin action to obtain return of the specific canvases rather than damages.
A state statute permitted ex parte issuance of a replevin writ upon a creditor’s affidavit alone. The debtor challenged the procedure under the Due Process Clause and argued that a prior hearing was required before the property could be taken.
Raymond Ramos purchased multiple appliances under a single installment contract containing a cross-collateral clause. After default the seller initiated replevin to recover every item still in his possession even though some payments had been completed on individual pieces.
Ricardo Rojas agreed to buy a cow from Rita Russell believing it to be barren. When the seller later discovered the animal was pregnant she refused delivery and Rojas brought replevin to obtain possession of that specific cow.
The plaintiff must establish a right to immediate possession of the specific personal property and that the defendant is wrongfully detaining it. The action restores the chattel itself rather than awarding its value as damages.
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A buyer may replevy goods identified to the contract when the seller fails to deliver or repudiates and the buyer cannot reasonably cover or the goods are unique. Identification alone is sufficient for consumer goods once a special property interest vests.
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When state procedure authorizes ex parte seizure the creditor must still demonstrate a probable right to the property and a risk that the property will be unavailable after judgment. An opportunity to be heard must be provided promptly after seizure.
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Replevin restores possession of the specific chattel to the plaintiff. Conversion awards damages measured by the property’s value and transfers title to the defendant upon satisfaction of the judgment.
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…of wages, was entirely silent on the matter. In Fuentes v. Shevin , 407 U. S., at 96-97, the Court said only that in a replevin suit between two private parties the initial determination required something more than an ex parte proceeding before a court clerk. Similarly, Bell v. Burson, supra , at 540, held, in…