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replevin

Replevin is a legal action that allows a person to recover personal property wrongfully taken or unlawfully held by another. Rules governing replevin vary by jurisdiction , but they are generally provided in state civil procedure statutes and in Rule 64 of the Federal Rules of Civil Procedure . Creditors often use replevin to recover collateral when debtors default  on secured loans . For example, a bank may bring a replevin action to repossess a borrower’s car after missed payments. See also debtor and creditor law .

The term replevin also refers to the writ itself: the court order authorizing the return of property to its rightful owner. Depending on the jurisdiction, replevin may be granted as a final judgment after the merits are decided, or as a provisional remedy before final judgment to prevent further harm to the owner.

Historically, replevin developed in English common law as a remedy for wrongful taking of goods, distinguishing it from actions such as detinue , which sought damages for wrongful detention of goods with the option of recovering the property if available. Modern statutes  have broadened replevin to cover situations including secured transactions , landlord-tenant disputes, and possession of animals or equipment.

[Last reviewed in September of 2025 by the Wex Definitions Team
] 

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