Filing a Writ of Replevin in Washington, DC

[Bdub1840]

Jurisdiction

D.C.

I'm facing a strange situation whereby the person who was taking care of my cat while I was away is now refusing to return her to me. I'm considering different options, including small claims, civil suit, and filing for a writ of replevin. She won't respond to my efforts to communicate w/ her. I have recently tried writing her a letter and she ignored that, too. I have gotten advice to file a writ of replevin to recover my cat, but 1. I don't know what this involves, and 2. I don't have the person's address b/c she moved while I was away (without telling me). I do have her work address and I don't mind serving her papers there; it's where I sent the letter.

I have had my cat for 10 years. I have her original adoption papers, though they don't have my name on them (or the cat's b/c I changed it). I do have some vet records and a record of this pet tag insurance I got for her in 2012. I have the emails we exchanged while I was gone and I never indicate that I'm not coming back nor do I tell her the cat is her's EVER. She, in her own words, is "too attached" and claims I abandoned my cat, which is definitely not true.

Wondering if anyone has any advice on this issue and especially on how to file the writ- what kind of process that is. I called the Superior Court a few weeks ago, and they gave me some info, but pretty much just a rundown like "come here, bring your paperwork and file out the paperwork here" so I want to be sure I have everything before trekking up there.

 

[army judge]

Okay, let's lay some legal groundwork for you.

You'll need to get up to speed with the notorious FRCP:

Federal Rules of Civil Procedure | Federal Rules of Civil Procedure | LII / Legal Information Institute

Unlike most state courts, one small error in federal court, you get your case tossed, or it won't get started.

What is a writ of replevin?

It can be frustrating for a property owner to be told he or she must wait until a trial has been held in order for her or him to obtain possession of property purloined by some miscreant's criminal endeavors. A writ of replevin is one a legal remedy a person can use to obtain possession of her or his property on a sometimes speedier basis.

A person whose personal property has been wrongfully waylaid by another person may seek a writ of replevin to in order to recover her personal property. Make sure that you also file a retraining order seeking injunctive relief to require the defendant to "secure the cat safely until the hearing", otherwise the issuance of your writ could be moot if the cat went mysteriously missing!

You start by filing your complaint with the court seeking your remedy, the writ of replevin. You must proffer to the court that you are the lawful owner and entitled to the remedy you are seeking, so along with your motion you'll need to attach a memorandum supporting your motion (this is your legal argument as to why the motion should succeed). It's also a good idea to file a motion for a temporary restraining order/preliminary injunction to prohibit the person in possession of the animal from selling, transferring, "gifting" the cat to someone, or "losing" the cat, in the event the motion fails.

Have you considered asking an attorney to send the "thief" a simple demand letter asking your former friend to do the right thing? In many cases, such a simple letter can get budding miscreants to straighten up and fly right. Many attorneys will send such a letter, upon your instruction for a couple hundred bucks.

If you are eventually successful this is what you are seeking to have issued by the court (completely filled out of course LOL):

http://forms.lp.findlaw.com/form/courtforms/state/dc/dc000105.pdf

You will see the court issue this, after you file your motion:

http://forms.lp.findlaw.com/form/courtforms/state/dc/dc000106.pdf


To file a writ of replevin be prepared to pay the court a $20.00 filing fee:

Information on: Filing Fees