Florida Rules of Civil Procedure

Form 1.908 – WRIT OF REPLEVIN

WRIT OF REPLEVIN

THE STATE OF FLORIDA:

To Each Sheriff of the State:

YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant, …., described as follows:

(describe property)

and to dispose of it according to law.

DATED on …………….

(Name of Clerk)

As Clerk of the Court

By _______________

As Deputy Clerk.

Aamended by 682 So.2d 105, effective 1/1/1997; amended by 391 So.2d 165, effective 1/1/1981; added by 211 So.2d 174, effective 10/1/1968.

Committee Notes

1980 Amendment. The form is amended in accordance with the statutory changes as a result of Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972). The sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13, Florida Statutes (1979). The former apparently contemplates that the sheriff will hold the property for 5 days within which the bond can be posted, while the latter retains the old 3-day time period.

1996 Amendment. This amendment only changes the name of the form.