No action of replevin shall be hereafter brought.
§ 8.01-218.Replevin abolished.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-218 abolishes replevin as a cause of action in Virginia, so a plaintiff seeking to recover specific personal property wrongfully taken or held by another must proceed under Virginia’s detinue statute or another available remedy instead.
Full Text of § 8.01-218
Plain-English Summary
This section retires an old common-law writ. Replevin let a plaintiff who had been wrongfully dispossessed of personal property ask a court for its immediate return while the underlying dispute was still being litigated, seizing the goods from the defendant’s hands at the outset of the case. Virginia’s 1977 recodification of Title 8.01 did away with that procedural device altogether.
The bar falls on the form of action, not the underlying right. Someone whose personal property is wrongfully held by another still has a remedy in Virginia — it now proceeds as an action in detinue, which serves the same core purpose of recovering specific property, or its value, rather than only money damages. A reader who runs across “replevin” in an older case or a title from another state should treat it as historical vocabulary that no longer describes a live cause of action in the Commonwealth.
Frequently Asked Questions
What was replevin, and why was it abolished in Virginia?
Replevin was an old common-law action letting someone wrongfully deprived of personal property seek its prompt return through a court order early in a case. The General Assembly abolished it when it recodified Title 8.01 in 1977, folding property-recovery actions into other established remedies.
Can I still get specific personal property back from someone who has it?
Yes. Though replevin itself no longer exists as a Virginia cause of action, a plaintiff seeking the return of specific personal property proceeds instead through Virginia’s detinue action, which accomplishes the same goal.
Does this section apply to real property disputes?
No. It addresses only actions to recover personal property. Real property disputes proceed under separate causes of action, such as ejectment or unlawful detainer.
Does this section affect a claim for damages when property was converted rather than merely held?
No. Section 8.01-218 addresses only the replevin writ. A claim that property was wrongfully converted proceeds as an action of trover, addressed separately in § 8.01-219.
When did replevin stop being available in Virginia?
The bar applies to actions “hereafter brought” from the effective date of the 1977 recodification (Acts 1977, c. 617), continuing a rule first codified in the 1950 Code.
Amendment History
Code 1950, § 8-647; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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