Rule 64B.Writ of replevin
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended November 1, 2004 · Last verified July 13, 2026
Full Text of Rule 64B
Amendment History
Repealed and reenacted effective November 1, 2004.
Plain-English Summary
A writ of replevin compels the defendant to deliver specific personal property to the plaintiff. It's a narrow tool: it reaches identifiable items the defendant currently holds, not money or property in the hands of someone else. Because it's a prejudgment remedy, everything Rule 64A requires — the motion, security, affidavit, and the mix of mandatory and alternative grounds — has to be satisfied first.
On top of Rule 64A's requirements, replevin adds two elements specific to this writ: the plaintiff has to show entitlement to possession of the property, and that the defendant is wrongfully detaining it.
Frequently Asked Questions
What kind of property can I recover with a writ of replevin?
Specific, identifiable personal property that the defendant currently holds — not money generally, and not property a third party is holding for the defendant.
What do I have to show to get a writ of replevin?
Everything Rule 64A requires for any prejudgment writ, plus the two elements specific to replevin: that you're entitled to possession of the property, and that the defendant is wrongfully detaining it.
How is a writ of replevin different from a writ of attachment?
Replevin is aimed at getting back specific, identified property the defendant wrongfully holds. Attachment is broader — it reaches any of the defendant's property to secure payment of a debt, without requiring that the plaintiff have a right to that particular item.