Detailed Answer

In Florida, if you need to recover personal property, you can start a replevin action under Chapter 78 of the Florida Statutes. A replevin action allows a person to recover possession of specific personal property wrongfully held by another. A critical document in this process is the affidavit of collection. This sworn statement identifies the property, asserts your right to possession, and requests a writ for replevin. To ensure it is valid and certified, follow these steps:

1. Draft a Clear Affidavit of Collection

Your affidavit should include:

The court caption (e.g., John Doe v. Jane Smith).
A description of the property (make, model, serial number or unique identifiers).
A statement of your ownership or right to possession.
The date and facts giving rise to the dispute.
A prayer for a writ of replevin.

2. Cite the Applicable Statutes

Reference Florida law to support your request. For example, Fla. Stat. § 78.02 authorizes the filing of an affidavit to obtain immediate possession. You can review the statute here: Fla. Stat. § 78.02.

3. Swear to the Affidavit Before a Notary Public

Under Florida law, an affidavit must be notarized. Appear before a commissioned notary public, present valid identification, and swear or affirm the truth of the contents. The notary will:

Verify your identity.
Witness your signature.
Affix their official seal and signature.

4. File the Affidavit with the Clerk of Court

After notarization, file the affidavit with the clerk in the county where the property is located. You must also file the replevin complaint and post a bond per Florida Statute § 78.03 (Fla. Stat. § 78.03).

5. Obtain Clerk Certification and Serve the Defendant

The clerk will stamp or certify your affidavit and issue the writ of replevin. You or a process server must serve the writ and complaint on the defendant according to Florida Rules of Civil Procedure 1.070.

6. Attend the Replevin Hearing

The court will schedule a hearing. Present evidence of your ownership or right to possess the property. The judge will decide whether to grant you possession or require further proceedings.

Helpful Hints

Double-check the property description for accuracy.
Keep copies of all filed documents and certifications.
Confirm the notary’s commission is active in Florida.
Follow local court filing requirements; fees may vary by county.
Serve documents promptly to avoid default delays.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Florida for advice specific to your situation.