- A replevin action is brought to retrieve a good when you are the rightful owner of the property.
- In most jurisdictions, you must sign a sworn affidavit declaring that you, in fact, own the car and that you are entitled to its immediate return.
- If the court agrees with you, it will issue an order demanding the immediate return of your vehicle.
Conversion
- Conversion is the legal term for intentionally making personal use of another person’s property.
- In this case, your “friend” took possession of your vehicle and never returned it. That counts as conversion.
- You can sue for any damages you suffer while the person has been using your car without permission.
Detinue
- Detinue is a legal action that demands the recovery of your personal property from another person who has possession of it.
- Unlike conversion, detinue does not require the other party to have damaged or destroyed your property.
- It’s enough that the person continues to withhold possession of your property without lawful justification.
