Claim and Delivery (Replevin)
Statutory action to recover “possession of goods or chattels which have been unlawfully taken or unlawfully detained” and to recover any resulting damages
MCR 3.105(A). Statutorily and at common law, it is referred to as “replevin.”
MCL 600.2920. After filing a complaint, the plaintiff may also file a motion for possession pending final judgment. MCR 3.105(E). This may be filed with a request for a show cause order, which must be granted if good cause is shown. The show cause order can prohibit damage, destruction, concealment, disposal, or a substantial reduction in value until a hearing can be held on the motion. MCR 3.105(E)(2). This initial request is often made ex parte because notice could precipitate adverse action.
The elements of a claim and delivery action are:
- The plaintiff’s right to possession of goods or chattels
- The defendant’s unlawful taking or detention of goods or chattels
- Property under the defendant’s possession or control or the defendant’s involvement in concealment
Pursuant to MCL 600.8308 Subject to the limitations of jurisdictional amount (less than $25,000.00 in damages in District Court greater than $25,000.00 in Circuit Court) and venue otherwise applicable in the particular court, the district court, municipal court, and a common pleas court shall have the same power as the circuit court with respect to civil actions to recover the possession of goods or chattels which are unlawfully taken or unlawfully detained.