(1) A prejudgment writ of replevin may be issued and the property seized delivered forthwith to the petitioners when the nature of the claim and the amount thereof, if any, and the grounds relied upon for the issuance of the writ clearly appear from specific facts shown by the verified petition or by separate affidavit of the petitioner.
(2) This prejudgment writ of replevin may issue if the court finds, pursuant to subsection (1), that the defendant is engaging in, or is about to engage in, conduct that may place the claimed property in danger of destruction, concealment, waste, removal from the state, removal from the jurisdiction of the court, or transfer to an innocent purchaser during the pendency of the action or that the defendant has failed to make payment as agreed.
(3) The petitioner must post 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 lesser as determined by the court, as security for the payment of damages the defendant may sustain when the writ is obtained wrongfully.
(4) The defendant may obtain release of the property seized under a prejudgment writ of replevin by posting bond within 5 days after serving of the writ in the amount of 11/4 the amount due and owing on the agreement for the satisfaction of any judgment which may be rendered against the defendant.
(5) A prejudgment writ of replevin shall issue only upon the signed order of a circuit court judge or a county court judge.
(6) The defendant, by contradictory motion filed with the court within 10 days after service of the writ, may obtain the dissolution of a prejudgment writ of replevin unless the petitioner proves the grounds upon which the writ was issued. The court shall set down such motion for an immediate hearing. This motion shall be in lieu of the provisions of subsection (4).
History.—s. 1, ch. 76-19; s. 1, ch. 77-174; s. 405, ch. 95-147.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
78.02 - What May Not Be Taken by Replevin.
78.045 - Writ; Court Order Required.
78.055 - Complaint; Requirements.
78.065 - Order to Show Cause; Contents.
78.067 - Order to Show Cause; Hearing.
78.068 - Prejudgment Writ of Replevin.
78.075 - Order to Show Cause; Waiver.
78.10 - Writ; Execution on Property in Buildings or Enclosures.
78.11 - Writ; Execution on Property Changing Possession.
78.12 - Writ; Execution on Property Removed From Jurisdiction.
78.13 - Writ; Disposition of Property Levied On.
78.18 - Judgment for Plaintiff When Goods Not Delivered to Defendant.
78.19 - Judgment for Plaintiff When Goods Retained by or Redelivered to Defendant.
78.20 - Judgment for Defendant When Goods Retained By, or Redelivered To, Defendant.
78.21 - Judgment for Defendant When Goods Not Retained By, or Redelivered To, Defendant.