In order to succeed on the motion, the plaintiff's claim for interim possession would have to outweigh any harm or injury potentially caused to the defendant. Plaintiff asks that an Order of Replevin issue and for judgment against defendant for: a.Possession of the property; b. Replevin is a court action to recover the possession of personal property. Personal property is any property that is not land or buildings. Learn about the steps to follow in small claims court, including how to complete and submit forms. Damages, file a Notice of Motion and Supporting Affidavit (Form 15A). Learn about the requirements for preparing and filing a civil complaint, including how to prepare a summons, along with some cautions. These questions arise: (a) Is navigability of the Pigeon river an essential element of appellant's cause of action? Attached are the forms you need to file to begin an action for replevin.