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Replevin

Reviewed 11/27/2023
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The Superior Court doesn't offer much information about filing for a writ of replevin but the Circuit Court has many resources. 

Probate Court Procedure Bulletins are internal Probate Court documents designed to enhance procedural uniformity throughout the Probate Courts. Bulletins do not replace statutes, Probate Court Rules, or Probate Court Administrative Orders and must be read in conjunction with these authorities.

Where To File

Depending on the value of the personal property, complaints for writs of replevin are filed in the District Division, the Superior Court or, under very limited circumstances, in the Probate Division.

If the value of the property is $25,000 or less, file in either the District Division or the Superior Court. If the value of the property is greater than $25,000, then file in the Superior Court. Only file in the Probate Division if there is a related case regarding an estate, trust, conservatorship or guardianship. Please note that Small Claims court cannot be used for the return of personal property.

The person applying for a writ of replevin, and in some situations, the person holding the property, must obtain “sufficient securities” in an amount double the value of the property. Securities may include, but are not limited to, bonds, letters of credit, security interests, or cash in a form and amount acceptable to the court.

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