How to Get Your Stuff Back by Court Order
in Superior Court (Replevin) Form Packet
READ BEFORE ORDERING!
This packet contains the forms and instructions needed to file a replevin action (getting personal property back from someone else) in Superior Court.
The instructions are for informational purposes only and are not legal advice. If you do not understand this information, contact an attorney.
This packet is intended to be used in King County Superior Court. The minimum value of the personal property you are trying to get back must be $300.
The process to get a court order to make a person or business to return a specific piece of personal property to you is called “replevin”. In this type of case, the term “personal property” has a specific meaning: it is something that belongs to you which is not land or a building. In a replevin case, the person who is suing to have their personal property returned is called the Plaintiff. The person who currently has possession of the property is the Defendant.
You will need evidence to show that you are the owner of the property you are trying to recover.
A lawsuit is expensive. There will be costs to file the lawsuit, clerk’s fees, copying costs, the cost of posting multiple bonds, and other unforeseeable costs. While some of these costs may be waived by the Court, most other costs will not.
A replevin case has three main parts:
- Starting the Case: The Plaintiff sues the Defendant to get back personal property wrongfully taken by the Defendant, plus money damages (if any) for the Defendant’s unlawful possession of the property. This is done by filing and serving a Summons and a Complaint. The purpose of the case is for the Court to decide who the true owner is.
- Show Cause Hearing: The Plaintiff asks the Court for a show cause hearing. This is done by making a Motion. If the Motion is granted the Court will issue an Order requiring the Defendant to show up at the show cause hearing. At the hearing the Defendant will be required to explain to the Court why they should be allowed to keep the property until the case is over. The purpose of the hearing is for the Court to decide who should have the property until the case is over.
- Finishing the Case: The case can be finished in two ways: trial or default judgment. A trial is the normal way a case will end. Under special circumstances the Plaintiff will have the option to ask the Court for a default judgment. The default judgment makes the Plaintiff the winner of the case before a trial happens. The default judgement finishes the case.