§ 18-60-804. Petition for recovery of personal property
(a) In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed by the party or […]
§ 18-60-805. Notice of hearing
(a) The order to appear and show cause why the order of delivery should not be issued shall permit a reasonable time for the party against whom it is directed to appear. It shall state the place and time the hearing shall be held. (b) (1) (A) If served at the same time the summons […]
§ 18-60-806. Hearing
(a) At any hearing held on an application for an order of delivery, the petitioner shall be required to present prima facie evidence that the petitioner has the right of immediate possession of the property. (b) If the party against whom the order of delivery is sought should fail to appear in response to the […]
§ 18-60-807. Immediate appearance — Impounding of property
If the petitioner for an order of delivery, after otherwise complying with the requirements for issuance thereof, shall present evidence to the court that there is genuine danger that the property sought under the order will be removed from the court’s jurisdiction, damaged, concealed, or otherwise jeopardized, the court shall have the power to direct […]
§ 18-60-808. Alternative procedure
(a) In lieu of the procedure set forth in this section and §§ 18-60-801 — 18-60-807, at the time the complaint is filed and summons issued, a petitioner may obtain a notice issued by the clerk of the court in which the proceeding is filed. The notice shall be served with the complaint and summons […]
§ 18-60-809. Replevin
The plaintiff in an action to recover the possession of specific personal property, at the commencement of the action or at any time before judgment, may claim the immediate delivery of the property, as provided in §§ 18-60-810 — 18-60-822.
§ 18-60-810. Affidavit for replevin
(a) An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his or her office an affidavit of the plaintiff, or of someone in his or her behalf, showing: (1) A particular description of the property claimed; (2) Its actual value and the damages […]
§ 18-60-811. Order for delivery of property
(a) The order for the delivery of the property to the plaintiff shall be addressed and delivered, with a copy thereof, to the sheriff. It shall state the names of the parties to the action and the court in which the action is brought and direct the sheriff to take the property, describing it and […]
§ 18-60-812. Bond
(a) The order shall not be complied with by the sheriff until there has been executed in his or her presence, by one (1) or more sufficient sureties of the plaintiff, a bond to the defendant, to the effect that the plaintiff shall duly prosecute the action and that he or she shall perform the […]
§ 18-60-813. Execution of order
(a) The sheriff shall execute the order by taking the property therein mentioned, if it is found in the possession of the defendant, or his or her agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after the order was placed in the sheriff’s hands. (b) The sheriff […]