replevin

Replevin is an action seeking return of personal property wrongfully taken or held by the defendant. In exchange for the personal property, the plaintiff in the action pledges a security and is allowed to hold the property until the case is resolved by the court. This security given by the plaintiff is termed a replevin bond. Replevin may also be referred to as claim and delivery.

Creditors use replevin actions to recover collateral when debtors default on secured loans. For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments.

Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions). Replevin may be ordered as a final judgment, or in some jurisdictions, as a provisional remedy.

Rules on replevin actions vary by jurisdiction. Federal Rule of Civil Procedure Rule 64 provides that replevin is a remedy for civil cases in federal courts, regardless of whether state procedural rules require separate actions for replevin. The Uniform Commercial Code §2-716 provides that a buyer has “a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered.”

[Last updated in April of 2024 by the Wex Definitions Team]