Other Replevin of Goods

V.S.A. tit. 12, ch. 183, subch. 3

in effect

12 V.S.A. § 5331 For what and where maintainable

5331. For what and where maintainable A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances: (1) When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the possession thereof. (2) When goods or chattels which are attached on mesne process or taken in execution are claimed by a person other than the defendant in the action or debtor in the execution. (3) When goods are attached or taken in execution and are claimed by the defendant in the action or debtor in the execution as exempt from attachment and levy.

12 V.S.A. § 5332 Damages when replevin delays service of execution

5332. Damages when replevin delays service of execution If the goods, when replevied, were taken in execution or attached, and judgment is afterwards rendered for the attaching creditor, and if, in either case, the service of the execution is delayed by means of the replevin, the damages assessed for the defendant, upon judgment for a return, shall not be less than 12 percent annually, on the value of the goods, for such time as the service of the execution is so delayed.

12 V.S.A. § 5333 Service not delayed as to balance of execution; alias execution

5333. Service not delayed as to balance of execution; alias execution When the goods or chattels were taken in execution, the service thereof shall not be delayed as to any balance due thereon, after deducting the value of such goods or chattels, but the officer may execute the same, and the creditor may have an alias execution for such balance as if payment had been made thereon to the value of such goods or chattels. If judgment is rendered in favor of the plaintiff in replevin, the creditor may have an alias execution as if such goods or chattels had not been taken in execution.

12 V.S.A. § 5334 Sale of goods returned

5334. Sale of goods returned When judgment is rendered in favor of the defendant in the action of replevin, and the goods or chattels are returned, the same may be sold and the proceeds applied by the officer who took them in execution as if they had not been replevied.

12 V.S.A. § 5335 Sums recovered by officer, how applied

5335. Sums recovered by officer, how applied Sums recovered in an action of replevin by an officer for or on account of goods attached or taken in execution by him or her, or recovered in an action on the bond given upon the replevin of such goods, shall be applied so far as they will go: (1) to pay the fees and charges of the officer and reasonable expenses of the action of replevin, and the action on the bond, so far as they are not reimbursed by the costs recovered; (2) to pay to the creditor, at whose action the goods were attached or taken in execution, the sum, if any, recovered in that action, or so much thereof as remains unpaid, with 12 percent interest for such time as the money has been withheld from the creditor, or the service of his or her execution delayed by reason of the replevin; (3) if the attaching creditor does not recover judgment in his or her action, or if a balance remains of the monies so recovered by the officer, after so paying what is due to the creditor, such balance, or the whole amount, shall be disposed of as any surplus would be if the same goods had been sold on execution.

12 V.S.A. § 5336 Attachment lien preserved

5336. Attachment lien preserved When the goods which are replevied had been attached, they shall, in case of a judgment for return, be held liable to the attachment and to levy of execution in the same manner as though replevin thereof had not been made. When final judgment is rendered before the return of the goods or if the goods, when replevied, were seized and held on execution, they shall be held subject to the same attachment or seizure for 30 days after the return, in order that the execution may be served thereon or the service completed, as it might have been if the goods had not been replevied.

12 V.S.A. § 5337 Writ of reprisal

5337. Writ of reprisal When the officer to whom the writ of return is committed cannot find the goods replevied, so as to deliver them to the defendant, he or she shall make return of that fact upon such writ, and the defendant shall thereupon be entitled to a writ of reprisal, to be awarded and issued upon his or her motion by the court in which the judgment was rendered, to take the goods and chattels of the plaintiff, to be held and disposed of as on a writ of execution.

12 V.S.A. § 5338 When judgment for plaintiff is given

5338. When judgment for plaintiff is given When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/183Fetched: 10/21/2026