Reclaiming Your Personal Property Through Replevin and Detinue Lawsuits

If someone has taken personal property that belongs to you, and you want the property to be returned, the legal process in Maryland for gaining return of the property and/or monetary damages for being deprived possession of the property are lawsuits known as replevin or detinue actions.

In a replevin suit, you ask the court to award you immediate (but temporary) possession of the personal property until the court can determine at a later hearing the question of who should get permanent possession.  All replevin actions in Maryland must be filed in the District Court of Maryland.  After your replevin action is filed with the court, the court will conduct a “show cause” hearing and determine who is entitled to immediate (but temporary) possession of the personal property.  Should you prevail at the show cause hearing, the court will issue a writ of replevin entitling you to immediate possession of the personal property until the court can further determine who is entitled to permanent possession.  A Sheriff may enforce the writ.  Even with a writ of replevin, you may have to post a bond with the court to cover any damage to the personal property should it later be determined that you were not entitled to permanent possession.  After the replevin action is resolved, the matter automatically becomes a detinue action, and the court will thereafter hold a hearing to determine who is entitled to permanent possession of the property.

If you are not seeking immediate possession of the personal property, you may instead file a detinue suit (without first filing the replevin action), and ask the Court to award you permanent possession of the personal property.   Detinue actions may be filed in either the District Court of Maryland or in the local Maryland Circuit Court, depending on the value of the personal property and money damages claimed.  When the value is less than $5,000, the case must be filed in the District Court of Maryland.  If the value is between $5,000 and $30,000, the case may be filed in either the District Court of Maryland or the Maryland Circuit Court for the county in which the property is held.  If the value is greater than $30,000, the case must be filed in the Maryland Circuit Court for the county in which the property is held.  Detinue actions usually take longer to resolve, and you cannot obtain immediate possession of the personal property in a detinue action.  Unlike replevin actions, however, determination by the court in a detinue action is permanent and final (subject to any appeal), and you may obtain either the personal property or its monetary value, and compensation for any damage to the personal property or money for its absence.