Florida Statutes
Fla. Stat. § 78.068 (2025)
Prejudgment writ of replevin.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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78.068 Prejudgment writ of replevin.—
(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).
Notes of Decisions
Cited in 53
cases (7 in the last 5 years), 1978–2026 · leading case: Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996).
Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996). “Fla.Stat. § 78.068. In determining whether a writ of replevin should issue, the Court must: consider the affidavits and other showings made by the parties appearing and make a determination of which party, with reasonable probability, is entitled to the possession of the claimed…”
Zuckerman v. Prof'l Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981). “Section 78.068(1), Florida Statutes (1979) provides that a prejudgment writ of replevin may be issued when the nature of the claim and the grounds relied upon for issuance of the writ clearly appear from specific facts shown by verified petition or separate affidavit of…”
Weigh Less for Life, Inc. v. Barnett Bank, 399 So. 2d 88 (Fla. 1st DCA 1981). “Appellants assert on this appeal that an order granting a motion to dissolve a prejudgment writ of replevin under Section 78.068, Florida Statutes (1979) is not a final determination of ownership, but merely determines which party is entitled to possession of the disputed…”
Comcoa, Inc. v. Coe, 587 So. 2d 474 (Fla. 3d DCA 1991). “We hold in this case that upon the satisfaction of the statutory prerequisites for a writ of replevin without notice pursuant to section 78.068, Florida Statutes (1989), the trial court is mandatorily required to issue the writ in accordance with that provision.”
Lease Fin. v. Nat. Commuter Airlines, 462 So. 2d 564 (Fla. 3d DCA 1985). “Based upon the verified complaint, a prejudgment writ of replevin was issued pursuant to section 78.068, Florida Statutes (1983). Within ten days of the service of the writ, NCA filed a contradictory motion with the court seeking dissolution of the writ.”
McMurrain v. Fason, 584 So. 2d 1027 (Fla. 1st DCA 1991). “He asserts that such procedure would utterly destroy those property rights that are constitutionally protected in respect to prejudgment replevin under section 78.068, Florida Statutes (1989). He further argues that a defendant's *1030 right to an immediate post-seizure hearing…”
McMurrain v. Fason, 573 So. 2d 915 (Fla. 1st DCA 1991). “The record shows that Fason filed two affidavits, his own and Kimberly Puffenbarger's, but in neither of these affidavits did the affiant attest to facts legally sufficient to support the writ.”
Auto-Owners Ins. Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985). “[2] On July 9, 1981, Auto-Owners applied for and received from the circuit court an ex parte prejudgment writ of replevin under Section 78.068, Florida Statutes (1981), after posting a bond for ,000 as security for any damages sustained by Hooks by reason of the writ being…”
Prestige Rent-A-Car v. ADVANTAGE CAR, 656 So. 2d 541 (Fla. 5th DCA 1995). “Under section 78.068, the replevin writ is issued without notice or a show cause hearing; the creditor, however, is required to post a bond.”
Gazil, Inc. v. Super Food Servs., Inc., 356 So. 2d 312 (Fla. 1978). “The writs were issued in accordance with the procedures set forth in Section 78.068, Florida Statutes (Supp. 1976), and Gazil filed motions to dissolve them on the ground, among others, that the replevin statute is unconstitutional.”
Caple v. Tuttle's Design-Build, Inc., 753 So. 2d 49 (Fla. 2000). “[5] The requirement that a creditor must post a bond to protect the debtor from mistaken repossession in order to obtain a writ was merely one of the factors considered by this Court.”
Eastman Kodak Co. v. Thomas Gordon & Assocs., Inc., 789 So. 2d 360 (Fla. 3d DCA 2001). “See § 78.068, Fla.Stat. (1987). The initial complaint was subsequently amended to include a count for money damages'in addition to the original counts for repossession of the equipment.”
— 78.068(1) — 7 cases
McMurrain v. Fason, 573 So. 2d 915 (Fla. 1st DCA 1991). “The record shows that Fason filed two affidavits, his own and Kimberly Puffenbarger's, but in neither of these affidavits did the affiant attest to facts legally sufficient to support the writ.”
Zuckerman v. Prof'l Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981). “Section 78.068(1), Florida Statutes (1979) provides that a prejudgment writ of replevin may be issued when the nature of the claim and the grounds relied upon for issuance of the writ clearly appear from specific facts shown by verified petition or separate affidavit of…”
Kalman v. World Omni Fin. Corp., 651 So. 2d 1249 (Fla. 2d DCA 1995).
Auto-Owners Ins. Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985). “[2] On July 9, 1981, Auto-Owners applied for and received from the circuit court an ex parte prejudgment writ of replevin under Section 78.068, Florida Statutes (1981), after posting a bond for ,000 as security for any damages sustained by Hooks by reason of the writ being…”
LANDMARK FIRST NAT. BK. v. Beach Bait & Tackle Shop, Inc., 449 So. 2d 1287 (Fla. 4th DCA 1983).
— 78.068(2) — 17 cases
Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996). “Fla.Stat. § 78.068. In determining whether a writ of replevin should issue, the Court must: consider the affidavits and other showings made by the parties appearing and make a determination of which party, with reasonable probability, is entitled to the possession of the claimed…”
Lease Fin. v. Nat. Commuter Airlines, 462 So. 2d 564 (Fla. 3d DCA 1985). “Based upon the verified complaint, a prejudgment writ of replevin was issued pursuant to section 78.068, Florida Statutes (1983). Within ten days of the service of the writ, NCA filed a contradictory motion with the court seeking dissolution of the writ.”
McMurrain v. Fason, 573 So. 2d 915 (Fla. 1st DCA 1991). “The record shows that Fason filed two affidavits, his own and Kimberly Puffenbarger's, but in neither of these affidavits did the affiant attest to facts legally sufficient to support the writ.”
Auto-Owners Ins. Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985). “[2] On July 9, 1981, Auto-Owners applied for and received from the circuit court an ex parte prejudgment writ of replevin under Section 78.068, Florida Statutes (1981), after posting a bond for ,000 as security for any damages sustained by Hooks by reason of the writ being…”
JB Intern., Inc. v. Mega Flight, Inc., 840 So. 2d 1147 (Fla. 5th DCA 2003).
— 78.068(3) — 15 cases
Future Tech Int'l, Inc. v. Tae Il Media, Ltd., 944 F. Supp. 1538 (S.D. Fla. 1996). “Fla.Stat. § 78.068. In determining whether a writ of replevin should issue, the Court must: consider the affidavits and other showings made by the parties appearing and make a determination of which party, with reasonable probability, is entitled to the possession of the claimed…”
McMurrain v. Fason, 584 So. 2d 1027 (Fla. 1st DCA 1991). “He asserts that such procedure would utterly destroy those property rights that are constitutionally protected in respect to prejudgment replevin under section 78.068, Florida Statutes (1989). He further argues that a defendant's *1030 right to an immediate post-seizure hearing…”
Lease Fin. v. Nat. Commuter Airlines, 462 So. 2d 564 (Fla. 3d DCA 1985). “Based upon the verified complaint, a prejudgment writ of replevin was issued pursuant to section 78.068, Florida Statutes (1983). Within ten days of the service of the writ, NCA filed a contradictory motion with the court seeking dissolution of the writ.”
Zuckerman v. Prof'l Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981). “Section 78.068(1), Florida Statutes (1979) provides that a prejudgment writ of replevin may be issued when the nature of the claim and the grounds relied upon for issuance of the writ clearly appear from specific facts shown by verified petition or separate affidavit of…”
Prestige Rent-A-Car v. ADVANTAGE CAR, 656 So. 2d 541 (Fla. 5th DCA 1995). “Under section 78.068, the replevin writ is issued without notice or a show cause hearing; the creditor, however, is required to post a bond.”
— 78.068(4) — 8 cases
Zuckerman v. Prof'l Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981). “Section 78.068(1), Florida Statutes (1979) provides that a prejudgment writ of replevin may be issued when the nature of the claim and the grounds relied upon for issuance of the writ clearly appear from specific facts shown by verified petition or separate affidavit of…”
Auto-Owners Ins. Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985). “[2] On July 9, 1981, Auto-Owners applied for and received from the circuit court an ex parte prejudgment writ of replevin under Section 78.068, Florida Statutes (1981), after posting a bond for ,000 as security for any damages sustained by Hooks by reason of the writ being…”
Eastman Kodak Co. v. Thomas Gordon & Assocs., Inc., 789 So. 2d 360 (Fla. 3d DCA 2001). “See § 78.068, Fla.Stat. (1987). The initial complaint was subsequently amended to include a count for money damages'in addition to the original counts for repossession of the equipment.”
Meireles Truck Sales, Inc. v. Industria Del Autobus, C.A., 555 So. 2d 1253 (Fla. 3d DCA 1989).
Weinberg v. Siemens Fin. Servs., Inc., 88 So. 3d 220 (Fla. 3d DCA 2011).
— 78.068(5) — 2 cases
Zuckerman v. Prof'l Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981). “Section 78.068(1), Florida Statutes (1979) provides that a prejudgment writ of replevin may be issued when the nature of the claim and the grounds relied upon for issuance of the writ clearly appear from specific facts shown by verified petition or separate affidavit of…”
Eastman Kodak Co. v. Thomas Gordon & Assocs., Inc., 789 So. 2d 360 (Fla. 3d DCA 2001). “See § 78.068, Fla.Stat. (1987). The initial complaint was subsequently amended to include a count for money damages'in addition to the original counts for repossession of the equipment.”
— 78.068(6) — 15 cases
JB Intern., Inc. v. Mega Flight, Inc., 840 So. 2d 1147 (Fla. 5th DCA 2003).
Lease Fin. v. Nat. Commuter Airlines, 462 So. 2d 564 (Fla. 3d DCA 1985). “Based upon the verified complaint, a prejudgment writ of replevin was issued pursuant to section 78.068, Florida Statutes (1983). Within ten days of the service of the writ, NCA filed a contradictory motion with the court seeking dissolution of the writ.”
McMurrain v. Fason, 573 So. 2d 915 (Fla. 1st DCA 1991). “The record shows that Fason filed two affidavits, his own and Kimberly Puffenbarger's, but in neither of these affidavits did the affiant attest to facts legally sufficient to support the writ.”
Zuckerman v. Prof'l Writers of Florida, Inc., 398 So. 2d 870 (Fla. 4th DCA 1981). “Section 78.068(1), Florida Statutes (1979) provides that a prejudgment writ of replevin may be issued when the nature of the claim and the grounds relied upon for issuance of the writ clearly appear from specific facts shown by verified petition or separate affidavit of…”
Kalman v. World Omni Fin. Corp., 651 So. 2d 1249 (Fla. 2d DCA 1995).
— 78.068(l) — 1 case
Eastman Kodak Co. v. Thomas Gordon & Assocs., Inc., 789 So. 2d 360 (Fla. 3d DCA 2001). “See § 78.068, Fla.Stat. (1987). The initial complaint was subsequently amended to include a count for money damages'in addition to the original counts for repossession of the equipment.”
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