Replevin (Property Recovery)

The Lake County Clerk of the Circuit Court & Comptroller’s Office processes the filings in replevin actions filed in Circuit and County Court. A replevin action is used for resolving civil disputes involving the alleged wrongful detention of personal property.

Emergency Replevin

An emergency replevin can be used in cases when you need to retrieve your property in an emergency. This type of replevin is considered a prejudgment writ of replevin.

Section 78.068(3), Florida Statutes, requires that the Petitioner post a bond in the amount of twice the value of the goods subject to the writ or twice the balance remaining due and owing, whichever is less as determined by the court, as security for the payment of damages the defendant may sustain when the writ is obtained wrongfully.

Filing a Replevin

A complaint for replevin should identify the property, its value, and location. You should attempt to get the full proper name and address of the party/parties you want to sue. You will need to know the proper legal name for any person or business possessing the property, and their addresses. If you wish to sue a corporation, you need to identify the name and address of a corporate representative who is available to accept service of legal papers. This information can be obtained from the Florida Secretary of State, Division of Corporations’ website.

Once you are prepared to file your case, you should complete a Replevin Complaint Form, supported by any documentary evidence of the legal right to possession of the property in question. You will need to provide one copy of each for the court, plus one copy of each for each defendant.

You can download the forms for filing a replevin in County Court, or for a small fee you may obtain copies from the Clerk’s office. (There are no forms available from the Clerk’s office for amounts greater than $50,000.) You may pick up the packet in person at the Lake County Courthouse, 550 W. Main St., East Wing, First Floor, Tavares. There is an instruction sheet attached with information on the filing process and the associated filing fees.

Submission of Documents

The Florida Rules of General Practice and Judicial Administration require that petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants (pro se) may file petitions or other pleadings or documents electronically; however, they are not required to do so.

If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of General Practice and Judicial Administration 2.525.

If you are filing a replevin (property recovery) lawsuit, all documents can be submitted to the Lake County Clerk’s Office one of the following ways:

1. By Electronic Submission (E-Filing)
   Visit the Florida Courts E-Filing Portal at www.myflcourtaccess.com to electronically submit documents related to your case.
2. By U.S. Mail
   Lake County Clerk of the Circuit Court & Comptroller
   ATTN: Central Intake
   P.O. Box 7800
   Tavares, FL 32778-7800
3. In-Person
   Lake County Clerk of the Circuit Court & Comptroller
   Lake County Courthouse – Central Intake Section
   550 W. Main St., East Wing, First Floor
   Tavares, FL 32778
   Monday – Friday, 8:30 a.m. to 5 p.m.

Writ of Replevin

In the event the court rules in your favor, the judge will order a Writ of Replevin to be issued. The writ will be forwarded to the Sheriff’s Office in the county where the item is located, upon the payment by the prevailing party of the necessary writ fee.

NOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only.

We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk.