A writ of replevin is how you get specific personal property back through the court when someone else will not return it. Florida has one of the clearer replevin statutes in the country, but it also has a step that catches people off guard: if you want to recover the property before the case is decided, you will need to post a replevin bond for double the value of the property. Here is how Florida's process works, and where filings tend to stall.
Florida's replevin law lives in Chapter 78 of the Florida Statutes, and it gives you two routes. The first is a standard replevin action, where you sue, win, and the court orders the property returned at the end of the case. The second — and the one most clients care about — is a prejudgment writ of replevin under § 78.068, which lets you recover the property early, before final judgment. That speed is exactly why the bond exists.
Replevin is the go-to remedy for lenders recovering collateral, lessors recovering equipment or vehicles, and businesses recovering goods or assets being wrongfully withheld. If your client's property is at risk of being sold, hidden, or damaged while litigation drags on, the prejudgment writ is usually the right tool for the job.
To get a prejudgment writ of replevin in Florida, the plaintiff must post a bond for at least double the value of the property to be recovered. The bond protects the defendant: if it turns out the property was taken wrongfully, the defendant can recover damages and costs from it. Most plaintiffs use a surety bond rather than depositing cash, because a surety bond costs only a fraction of the face amount.
Two things slow replevin cases down: a vague property description and a slow bond. Courts want the property identified specifically enough that the sheriff can actually find and seize it. And because the bond is a precondition to the writ, a delay in obtaining it delays everything downstream. Having an accurate valuation ready and working with a surety that issues Florida court bonds routinely keeps the timeline tight.
Jurisco has written replevin bonds in Florida and nationwide since 1987. Founded by an attorney, the team understands that replevin filings are usually racing a clock, and can frequently issue the bond within a business day once the property value and applicant details are in hand.
Florida gives the defendant a way to hold onto the property even after the writ issues. By posting a counter-bond — often called a forthcoming or rebond, and typically equal to the value of the property — the defendant can keep possession until the court decides who is entitled to it. For plaintiffs, that is a reminder that obtaining the writ is not always the finish line. For defendants, it is a tool to avoid losing the use of essential property in the middle of a case. Either way, the value placed on the property drives both bonds, which is one more reason an accurate, well-documented valuation matters from the very first filing.
How much is a replevin bond in Florida?
At least double the value of the property you are recovering.
What is a prejudgment writ of replevin?
A way to recover property early, before final judgment, under Florida Statutes § 78.068.
Can the defendant keep the property?
Yes, by posting a counter-bond to hold possession during the case.
How quickly can I get the bond?
Often within a business day with the valuation and applicant information ready.