Writ of Replevin (Writ of Possession)

When the writ of replevin is used

Timing: during or at the end of a case to recover specific property; pre-judgment replevin is available only as state law allows. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Replevin is among the state-law remedies available in federal court at the commencement of and throughout an action, under the law of the state where the court is located (Rule 64(a)–(b)).
• Pre-judgment seizure of property raises due process concerns: the Supreme Court struck down Florida and Pennsylvania replevin statutes that allowed seizure without a prior opportunity to be heard (Fuentes v. Shevin, 407 U.S. 67 (1972)), but later upheld a Louisiana sequestration procedure that required specific sworn facts, judicial authorization, a creditor's bond and a prompt post-seizure hearing (Mitchell v. W. T. Grant Co., 416 U.S. 600 (1974)).
• Writs of possession for real property — for example, after an eviction judgment — are generally governed by state landlord-tenant law.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 64; state replevin statutes online. Also, the federal judiciary publishes the current rules and recent amendments.

The writ of replevin in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar writ of replevin procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Writ of Attachment: a court order allowing property of a defendant to be seized or held at the start of or during a case, to secure payment of a judgment the plaintiff may win.
• Writ of Execution (Enforcing a Money Judgment): the court process used to enforce a money judgment.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on writ of replevin (writ of possession). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.