Replevin can be given with, or without notice to the defendant. 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.Rincker Law can help parties negotiate, litigate or mediate dog possession cases after a breakup. Basically, 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. The lawyer can help with your question about using replevin in a case where a court has ruled a dog is coowned and custody is contentious. You need to file a replevin action with the Court of Common Pleas of your county. Kara files a Writ of Replevin civil suit against Emma and there is a preliminary hearing with testimony from friends and evidence. In the court case, you will likely invoke property laws, specifically replevin or partition, depending on the circumstances. It also requires filing an affidavit in the county or district court where the property is.