(CAPTION)
STATEMENT OF CLAIMS FOR REPLEVIN
Plaintiff(s) ____________________ sues Defendant(s) ____________________ and alleges:
1. This is an action to recover possession of personal property.
2. The description of the property is ___________________________________________
__________________________________________________________________________________
3. To Plaintiff’s best knowledge, information, and belief the value of the property is $____________ and its location is ___________________________________.
4. Plaintiff is the owner of the claimed property or is entitled to possession of it by virtue of the following source of title, or right of possession: _________________________________________________________________________
(If interest is based on a written instrument a copy is attached.)
5. The property cannot be released by the defendant without a court order, or the property is wrongfully detained by the defendant who obtained possession by: ________________________________________________________________
6. To Plaintiff’s best knowledge, information, and belief, defendant detains property because: _________________________________________________
7. The property has not been taken for any tax, assessment, or fine pursuant to law, nor has it been taken under an execution or attachment against plaintiff’s property, or if so taken, it is by law exempt from such taking by the following reference to the exemption law relied upon: ____________________
8. Written demand for return of the property was provided to Defendant and [if Defendant is not a municipality] also to the Department of Financial Services at least 90 days prior to the filing of this Complaint. Section 768.28(6)(a), Florida Statutes. A copy of the demand is attached hereto.
9. The property is not contraband, was not the fruit of criminal activity, and is not being held for some evidentiary purposes.
10. The property came into possession of Defendant on or about .....(date).....
11. Plaintiff has the legal right to possess the property and is not subject to any legal prohibition against such possession.
Pursuant to section 92.525, Florida Statutes, under penalties of perjury, I declare that I have read the foregoing Statement of Claim and the facts stated in it are true.
_________________________
Plaintiff (signature)
NOTE: This form is to be used by those seeking return of personal property (including weapons) taken by a government entity for purposes other than for a criminal investigation, as an incident to arrest, pursuant to a search warrant, or any other seizure for which the Florida Statutes provide a specific procedure for return. Rather, this form is for use by those who seek return of personal property taken for other purposes, such as “safekeeping,” and for which the Florida Statutes provide no procedures.
This is a highly specific "Statement of Claim" used to sue a government entity to get back personal property (including a firearm) through an action called "replevin." The note at the bottom is very important: this form should only be used when property was taken for reasons like "safekeeping," and not as part of a criminal investigation or other process that has its own specific procedure for return. The form requires the plaintiff to state under oath that they own the property, have a legal right to possess it, and have already made a formal written demand for its return.
