A writ of replevin is a court order that lets you recover specific personal property someone else is wrongfully holding. In California, that same remedy goes by a different name: “claim and delivery.” If a client needs equipment, a vehicle, leased assets, or collateral back before a case is fully decided, this is usually the fastest legal path. The step most people underestimate is the bond. California requires you to post an undertaking before the sheriff will seize anything, and it is typically set at twice the value of the property. Here is how the process works, and how to keep the bond from slowing you down.
California statutes do not use the word “replevin.” The procedure lives in the Code of Civil Procedure under claim and delivery (CCP §§ 511.010–516.050). Practically, it is the same thing: a pre-judgment remedy that returns possession of personal property to the party with the superior right to it while the lawsuit plays out. Real estate is excluded — this remedy is strictly for movable property like vehicles, machinery, inventory, and leased goods.
The common scenarios share one trait: urgency. A lender repossessing collateral after default, an equipment lessor whose lessee stopped paying, a partner withholding company assets, or a vendor trying to recover goods delivered but never paid for. If waiting until trial means the property disappears, depreciates, or gets sold, claim and delivery lets your client take possession now rather than later.
Before the sheriff levies, the plaintiff must file a written undertaking. Under CCP § 515.010, the bond must be at least twice the value of the defendant's interest in the property. That interest is the property's market value minus any money the defendant still owes on it. The bond protects the defendant: if the court later decides the seizure was wrongful, the defendant can recover damages — lost business income, for example — from the bond. Most plaintiffs satisfy this requirement with a surety bond rather than tying up cash or a cashier's check, because a surety bond costs a small percentage of the bond amount instead of the full sum.
The bond step is the one attorneys most often underestimate. A surety can issue the undertaking in as little as a day when the paperwork is clean, but a slow bond can stall an otherwise time-sensitive filing.
Have the property valuation ready, know the defendant's remaining interest, and work with a surety that handles California court bonds regularly. Jurisco has written replevin and claim-and-delivery undertakings nationwide since 1987, and because the company was founded by an attorney, the team understands the court deadlines driving the request — not just the underwriting math behind it.
The defendant is not without options. After the property is levied, they can post a redelivery undertaking — their own bond — to regain possession while the case continues. They can also challenge the writ at the hearing by disputing your right to the property or the valuation behind your bond. None of this changes your obligation to post the undertaking up front, but it is a good reason to value the property carefully and document your claim thoroughly before you file. An undertaking built on a shaky valuation hands the other side an easy opening, and it can mean posting more than necessary.
Is a writ of replevin the same as claim and delivery in California?
Yes. California statutes use the term “claim and delivery,” but it is the same pre-judgment remedy that lawyers elsewhere call replevin.
How much is the replevin bond in California?
At least twice the value of the defendant's interest in the property, under CCP § 515.010.
Can I recover real estate this way?
No. Claim and delivery applies only to personal property; real property disputes use different procedures.
How fast can I get the bond?
Often within one business day when the property value and applicant information are ready to go.