FAQs • Escambia County Clerk, FL • CivicEngage

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If someone is holding some of my property and will not release it to me, what can I do?: You may be able to file a replevin action at the Clerk's office.

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Replevin

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1. If someone is holding some of my property and will not release it to me, what can I do?: You may be able to file a replevin action at the Clerk's office.

2. What do I need to file a replevin?

You will need three copies of the following:

Complete description of the property
Proof of ownership
Something showing the value of the property

3. How much does it cost to file a replevin?

Please consult the fee schedule (PDF). Currently, the filing fee should be:

Property Value	Fee
If the value of the property is less than $1,000	$130
If the value of the property is $1,000 through $2,500	$175
If the value of the property is greater than $2,500	$300
If the value of the property is $15,000 through $30,000	$400

Additional fees may include:

An additional $40 per person fee for the Sheriff to serve the defendant
An additional $90 fee for the Sheriff to serve the writ of replevin, if so ordered by the court

4. What forms of payment do you accept?: Generally, the Clerk's Office accepts cash, personal check, Mastercard, and Visa for the payment of filing fees. However, the Sheriff's fee must be paid using a Business Check or Money Order payable to the "Escambia County Sheriff's Office".

5. What happens once I file the replevin?: Your case will be set for a hearing to go before a judge. An Order To Show Cause will be issued and served on the defendant, notifying him/her of the action and the date of the hearing. You will also be notified of the hearing date.

6. What happens at the hearing?: The Judge will review the evidence, hear testimony, and make a determination if the property should be returned to you, the plaintiff, or if the property should remain in the possession of the defendant.

7. What happens if the Judge orders that my property can be returned to me?: If the Judge orders that the property should be returned to you and the defendant does not willingly return the property, you will need to request that the Writ of Replevin be issued and served on the defendant. The Sheriff will then put you in possession of the property.

FS.668.6076 Public records status of e-mail addresses; agency website notice.—Any agency, as defined in s. 119.011, or legislative entity that operates a website and uses electronic mail shall post the following statement in a conspicuous location on its website. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.