Section 8.1 Introduction

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

A. (§8.1) Introduction

Rule 99 sets forth the procedural requirements for the action of replevin. Replevin is an action at law that allows a plaintiff to recover personal property from one who wrongfully withholds it. Any person having the right to possession of the property may bring the action against the person actually in possession. 31 DOUGLAS R. SPRONG, MISSOURI PRACTICE, MISSOURI CIVIL RULES HANDBOOK (2008).

But it should be noted at the outset that the action of replevin has inherent limitations. Because it is an action at law rather than in equity, the party holding the property may defeat the replevin action by meeting the legal requirements for counterbond. Therefore, if unavoidable harm will result unless the property can be delivered to the plaintiff in specie, it may be preferable to seek a mandatory injunction directing the defendant to deliver the property to the plaintiff. Temporary orders to restrain the concealment, alienation, use, movement, and impairment of the value of the property might also be sought. Counts of replevin, equitable relief, and contract may be joined in the same suit.

In reaction to Fuentes v. Shevin, 407 U.S. 67 (1972)...