If the parties are not married, it may be possible to file in civil court for the return of the pet under a concept known as "replevin. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit (replevin action) to try to get the animal returned.You need to file a Small Claims case and ask the court for "replevin" or a "replevin action. The process of starting a replevin action usually begins with filing a complaint. They do require pet owners to fill out a pet profile and the dog goes through 'screening' to ensure it is safe. Plaintiff then filed a replevin action against defendant to recover legal possession of Sylvester, aka Marshmallow. Get in touch at 785-727-9789. How Do I File My Replevin Action In Small Claims Court, And What Should I Expect? Here are some examples of small claims lawsuits involving pets: Your exgirlfriend kept your dog after you broke up. In other words, in a replevin action the remedy sought is the return of detained property plus incidental damages.