What happens if your personal property is being wrongfully held by another? If your company has not been paid for goods or merchandise sold to another business or person, and can demonstrate that you have retained title to equipment or merchandise, you are entitled to bring an action for Replevin in accordance with Chapter 78 of the Florida Statutes.
When is Replevin / Repossession the Best Option
Typically a business will sell merchandise or equipment, and finance that sale, with a signed contract and security agreement. Those documents will provide that the seller/financer continues to own the property until the merchandise has been paid in full.
If a purchaser of goods or equipment defaults in its payment obligations, the seller can pursue an Action for Replevin asking the Court to restore the property to the legal owner.
Our firm typically recommends a pre-judgment Writ of Replevin, with or without notice to the debtor. We may not recommend a Replevin action if the value of the personal property does not justify the legal expenses involved.
