§ 18-60-814. Orders directed to other counties
(a) At any time before judgment an order may be directed to any other county for the delivery of the property claimed. (b) Several orders may issue at the same time, or successively, at the option of the plaintiff, but only one (1) of the orders shall be taxed in the costs, unless otherwise ordered […]
§ 18-60-815. Disposition of property replevied
If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In every other case the sheriff shall retain the property in his or her possession for two (2) days, unless the bond mentioned in § 18-60-816 shall be sooner executed.
§ 18-60-801. Definitions
As used in this section and §§ 18-60-802 — 18-60-808: (1) “Order of delivery” means a “writ of replevin”; and (2) “Party” or “person” means individuals, corporations, partnerships, associations, or any entity having the legal capacity to sue or be sued.
§ 18-60-802. Existing laws not affected
This section and §§ 18-60-801 and 18-60-803 — 18-60-808 shall not repeal any existing law pertaining to the recovery of personal property by parties claiming an interest therein.
§ 18-60-803. Penalties — Damages and fee
(a) Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which an order has been sought under the provisions of this section and §§ 18-60-801 — 18-60-802 and 18-60-804 — 18-60-808, or who conceals it, with the intent to interfere […]
§ 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 […]