Replevin

A cause of action for replevin seeks a court order directing the defendant to
return possession of specific goods, furniture, equipment, or other such personal
property.
For example, if the angry woman agreed to pay for the pie but later refused, the
young fellow pictured here as a right to get his pie back un-eaten.
In practice, replevin is carried out by the sheriff (or other authorized law
enforcement officer) empowered by a writ called, not surprisingly, a writ of
replevin. The court will issue the writ, the plaintiff (or the clerk) will serve the
sheriff with the writ, the sheriff may require the plaintiff to post a bond, and then
the sheriff will direct one or more of his deputies to visit the place where the
subject property is located and there to take it by force, if necessary, and return
it to the plaintiff.
Elements
The complaint must allege sufficient ultimate facts to establish the following:
1 Description of claimed property sufficient to identify it and its location (if
known).
2 Property's value (supported by bills of sale or similar evidence, if
available).
3 That plaintiff lawfully owns subject property and is entitled to immediate
possession.
4 That defendant is wrongfully in possession of the property, how
defendant came into possession (if known), and why defendant is
wrongfully detaining the property (if known).
5 That property has not been taken for a tax, assessment, or fine pursuant
to law.
6 Damages suffered by plaintiff as a proximate result of defendant's
wrongful retention of plaintiff's property.
Money cannot be replevied, unless it is specific money, e.g., a coin collection,
particular locked bag of cash, some specifically identifiable negotiable
instruments, or otherwise identifiable money (as explained in the cause of action
for conversion, which see above).
Real property (i.e., land, buildings, and fixtures affixed to the land or buildings)
also cannot be replevied.