Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 5331 (2026)

For what and where maintainable

✓ current as of May 2026

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Subchapter 003 : OTHER REPLEVIN OF GOODS

(Cite as: 12 V.S.A. § 5331)

§ 5331. For what and where maintainable

A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances:

(1) When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the possession thereof.

(2) When goods or chattels which are attached on mesne process or taken in execution are claimed by a person other than the defendant in the action or debtor in the execution.

(3) When goods are attached or taken in execution and are claimed by the defendant in the action or debtor in the execution as exempt from attachment and levy.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1961–2024 · leading case: Gail Haupt v. John Langlois, 2024 VT 3 (Vt. 2024).

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Gail Haupt v. John Langlois, 2024 VT 3 (Vt. 2024). “After two hearings, held on May 18 and 24, the trial court issued an order finding that defendant had committed two threatening acts, constituting stalking under 12 V.S.A. § 5331. The court first rejected plaintiff’s claim that the placement of the stakes amounted to a threat.”

Routhier v. Goggins, 229 F. Supp. 3d 299 (D. Vt. 2017). “) In a footnote, Defendants assert that the court lacks jurisdiction over the replevin claim because 12 V.S.A. § 5331 provides that replevin actions must be brought in courts “in the county in which the goods are detained.”

Elwell v. Vermont Commc'ns Mktg. Grp., Inc., 349 A.2d 218 (Vt. 1975). “If, as seems more likely, the plaintiff’s claim is that the property belongs to the principal defendant, even though in the possession of the intervenors, our statutes provide an express remedy to which the plaintiff should resort. 12 V.S.”

Satre v. Ralph (Vt. Super. Ct. 2020). “12 V.S.A. § 5331; see 77 C.J.S. Replevin § 1 (“It is sufficient that the defendant is in possession of certain property of which the plaintiff claims to have a superior right as long as the plaintiff establishes his or her entitlement to the property.”

Crosby v. Cook, 167 A.2d 87 (Vt. 1961). “The defendant filed a motion to dismiss on the ground that under 12 V.S.A. §5331, it is provided that the action of replevin is to be maintained “in the county in which the goods are detained” and since the property detained was in Ludlow, in the county of Windsor, the writ was…”

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