Legal Definitions - writ of recaption

A writ of recaption is a legal document that allows a plaintiff to recover goods and damages from a defendant who makes a second distress while a replevin action for a previous distress is pending. In simpler terms, it is a way for someone to get back their property and receive compensation if someone takes it again while a legal case is ongoing.

For example, let's say that John borrowed a lawnmower from his neighbor, Bob. Bob later claimed that John had not returned the lawnmower and took it back without permission. John then filed a replevin action to get the lawnmower back. However, while the case was still ongoing, Bob took the lawnmower again. In this situation, John could use a writ of recaption to get the lawnmower back and receive damages from Bob for taking it a second time.

Another example of recaption is if someone's car is wrongfully taken by a tow truck driver. If the owner of the car sees the tow truck driver taking their car and manages to take it back without any violence or breaking the law, this is considered recaption.