replevin
Replevin is a legal action that allows a person to recover personal property wrongfully taken or unlawfully held by another. Rules governing replevin vary by jurisdiction, but they are generally provided in state civil procedure statutes and in Rule 64 of the Federal Rules of Civil Procedure. Creditors often use replevin to recover collateral when debtors default on secured loans. For example, a bank may bring a replevin action to repossess a borrower’s car after missed payments. See also debtor and creditor law.
The term replevin also refers to the writ itself: the court order authorizing the return of property to its rightful owner. Depending on the jurisdiction, replevin may be granted as a final judgment after the merits are decided, or as a provisional remedy before final judgment to prevent further harm to the owner.
Historically, replevin developed in English common law as a remedy for wrongful taking of goods, distinguishing it from actions such as detinue, which sought damages for wrongful detention of goods with the option of recovering the property if available. Modern statutes have broadened replevin to cover situations including secured transactions, landlord-tenant disputes, and possession of animals or equipment.
[Last reviewed in September of 2025 by the Wex Definitions Team]
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