Also known as: replevin · replevins · replevied · replevying · replevy · replevin suit
Written by attorneys · grounded in primary & secondary sources — see below
A possessory action by which a claimant seeks immediate recovery of specific personal property wrongfully detained by another. The action requires identification of the goods to the underlying transaction and a showing that monetary damages would be inadequate. Courts grant the remedy when the claimant establishes a superior right to possession and the goods remain identifiable.
Aurora Capital prepaid Meridian Coins for a numbered set of limited-edition gold coins inscribed with its logo. After prices rose Meridian refused delivery. Aurora filed a replevin action to obtain the specific inscribed coins rather than market damages.
Georgia O'Keeffe discovered two of her paintings in a New York gallery years after they were stolen. She brought a replevin action against the current possessor claiming superior title. The court addressed whether the statute of limitations barred recovery of the specific artworks.
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A bankruptcy trustee sued Granfinanciera to recover funds allegedly transferred to avoid creditors. The defendant demanded a jury trial on the monetary claim. The Court considered whether the action resembled a common-law replevin suit triable by jury.
Texaco challenged a state statute that extinguished its mineral rights after years of nonproduction. The company argued the automatic lapse operated like a replevin action without due process. The Court examined whether the statutory mechanism satisfied constitutional notice requirements.
A Connecticut resident obtained an ex parte replevin order to seize a neighbor's boat pending a contract dispute. The boat owner claimed the seizure violated due process. The Court evaluated whether the state's replevin procedures provided adequate pre-deprivation safeguards.
A finance company used Florida's replevin statute to seize a family's furniture after a loan default without prior notice. The borrowers challenged the seizure as unconstitutional. The Court held that the statute's lack of a preseizure hearing violated due process.
A buyer may replevy goods identified to the contract after the seller fails to deliver or repudiates if cover is impracticable or the goods are unique. Identification occurs when the seller designates specific items such as by tagging or lot numbers. The remedy allows recovery of the actual goods rather than damages alone.
Supporting sources
Due process generally requires notice and an opportunity to be heard before a replevin seizure. Ex parte orders are invalid unless extraordinary circumstances justify immediate action. States must balance the private interest, risk of erroneous deprivation, and government interest in the procedure.
Replevin recovers identified goods already in existence while specific performance compels future performance of a promise. Both remedies are available when damages are inadequate. Courts may award either or both in the same action depending on the facts.
Supporting sources
…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 the…