Legal Question in Civil Litigation in Florida

Please don't solicit me for a paid appointment...I can get that on my own...

Circumstance:

Roommates are fighting....roommate A moves out...roommate B has unknown spare key to roommate A's car and takes it "unauthorized"...police called...stolen car report made...several days later roommate A discovers car in B's garage..calls police...A takes title from glove box and forges name to transfer t on day stolen...police say DMV now shows A's ownership and can do NOTHING!!!

Go to States Attorney...he says only police can file "forgery" or any other criminal charge and only recourse is civil action....go to civil court...go to small claims....suggested to file replevin to recover car (value $2500.00)...legal clinic says cannot fill out replevin because NO CRIMINAL CHARGE?!!?...dog chasing tail... Please help....going to legal aid on 7/27 but afraid they won't handle...

PLEASE HELP!!! Just direction to go in will help but conficting sources..

Thank u

Bulldog ([email protected])


Asked on 7/23/09, 11:24 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

There is no requirement that predicates a civil action for replevin upon criminal charges having been filed. See Florida Statutes Chapter 78. The State's Attorney's office was correct that the action can be filed in small claims court based upon the value of the property sought to be replevied ($2500). I don't know why legal aid said otherwise.

Legal aid is not likely to "handle" the case. Based upon my experience working in legal clinics, I believe they will just point you in the right direction and help you fill out your forms. But, again, I don't know why the legal aid attorney would say that you can't file for replevin in small claims without criminal charges having been filed. I suppose maybe because your prior rights will not be based upon a written instrument (the title). However, that doesn't mean you cannot file the case; the defendant will have to produce the title in court, and the judge will decide if it is forged in the course of deciding the case.

Perhaps on the 27th you will have better luck.

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Answered on 7/23/09, 12:00 pm


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