Replevin

In an action of replevin brought to recover personal property to which the plaintiff is entitled, that is alleged to have been wrongfully taken by or to be in the possession of and wrongfully detained by the defendant, it is not necessary to demand possession of the property before bringing the action; but the costs of the action may be awarded as the court orders. (DC ST § 16-3701) At the time of filing a complaint in replevin, the plaintiff, his agent, or attorney shall file an affidavit stating that according to affiant's information and belief, the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the complaint; the defendant has seized and detained or detains the chattels; and the chattels were not subject to the seizure or detention and were not taken upon a writ of replevin between the parties. (DC ST § 16-3703) At the time of filing a complaint in replevin, the plaintiff shall enter into an undertaking by himself or his agent with surety, approved by the clerk, to abide by and perform the judgment of the court. (DC ST § 16-3704)

Moreover, a lessor may exercise its contractual right to self-help repossession once it files its replevin action. Headspeth v. Mercedes-Benz Credit Corp., 709 A.2d 717 (D.C. 1998), cert. denied, 525 U.S. 1024 (1998).