Rule 99.01.Action in Replevin.
Part III · Rule 99: Replevin · Last amended December 1, 1977 · Last verified July 22, 2026
Full Text of Rule 99.01
Amendment History
Adopted April 4, 1977, eff. Dec. 1, 1977.
Official Comment
This is new.
Plain-English Summary
Replevin is a lawsuit built around one goal: getting a specific piece of personal property back, not collecting money for its loss. Rule 99.01 opens the door to that lawsuit. It doesn’t require the plaintiff to be the outright owner of the item — only that the plaintiff has a right to possess it that beats whatever claim the current holder has. A lender with a security interest, a bailor whose goods were never returned, or a buyer whose paid-for merchandise was withheld can all qualify.
This rule states the cause of action in a single sentence and leaves the mechanics — how to get the property back quickly, what bond to post, how the sheriff carries out the order — to the rules that follow it. Read on its own, Rule 99.01 tells the court and the parties that a claim for possession of personal property is a recognized category of Missouri lawsuit.
Because replevin can move fast, with property seized from a defendant before trial on the merits, the rest of Rule 99 builds in safeguards: an affidavit describing the property and the claimant’s right to it, a bond protecting the defendant if the claim fails, and a chance for the defendant to keep or regain the property by posting a bond of their own.
Frequently Asked Questions
What is a replevin action?
It is a lawsuit filed to recover possession of specific personal property, not to collect money damages for its loss.
Who can bring a replevin action in Missouri?
Anyone claiming a right to possess the property that is superior to the current holder’s claim, whether or not that person is the outright owner.
Do I have to own the property to file a replevin action?
No. Rule 99.01 asks only that the plaintiff have a right to possess the property, which can rest on a lease, security interest, bailment, or similar claim.
How is replevin different from suing for damages?
A damages suit ends in a money judgment for the value of what was lost. A replevin action asks the court to order the actual property returned.
Does filing under Rule 99.01 get me the property right away?
No. Rule 99.01 only states the claim. Getting the property before trial requires the affidavit and order procedures in Rules 99.03 and 99.04.
Can a replevin action still seek money damages?
Yes. Later rules in this group allow the court to award damages for the taking, detention, or injury of the property along with its return or value.