Under New York Law, replevin is the correct cause of action to bring against a person who refuses to give you your comfort animal back. Replevin is a term used to describe suing for the return of property, which is known as "chattel." Pets generally fall into the "chattel" category. Rincker Law can help parties negotiate, litigate or mediate dog possession cases after a breakup. Consider first a lawyer letter seeking return of the dog to avoid litigation. Justice Ventura's decision is, at a minimum, a primer on the factors a court might consider if you find yourself in the middle of a companion animal dispute. A writ of seizure through a replevin action is one of the few ways the law allows animal owners to recover the family members that they love. People who believe that their animal is being wrongfully withheld can commence a civil lawsuit, such as a replevin action, to try to get the animal returned. I was a defedent in a Writ of Replevin over a dog. I lost and the Sheriff seized the property even though there was an.