Commencement of Action. A successful plaintiff in a replevin action also has the right to recover costs and damages, however, exemplary damages are awarded very rarely.If you are seeking the return of an item of personal property, check the box in the "Miscellaneous" section for "Replevin". 4. Fill out a Monitoring Notice. When the title is in party not in possession. The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods. (c) Replevin or other similar remedy. It also requires filing an affidavit in the county or district court where the property is. The damages being merely incidental. In a replevin action, the plaintiff seeks the return of property, not money damages.