565.21 POSSESSION OF PERSONAL PROPERTY. In an action to recover possession of personal property, the claimant may obtain possession of the property prior to final judgment in the manner prescribed in Laws 1979, chapter 18. History: 1979 c 18 s 1
565.22 DEFINITIONS. Subdivision 1. Generally. For the purposes of Laws 1979, chapter 18, the terms in this section have the meanings given them. Subd. 2. Claimant. “Claimant” means a party asserting, in a pleading before a court, a claim for the recovery of possession of personal property, whether the claim is asserted in a complaint, […]
565.23 RECOVERY OF POSSESSION AFTER NOTICE AND HEARING. Subdivision 1. Motion. A claimant seeking to recover possession of property after service of a summons and complaint but prior to final judgment shall proceed by motion. The motion shall be accompanied by an affidavit which states: (a) the particular property sought to be recovered by the […]
565.24 RECOVERY OF POSSESSION PRIOR TO NOTICE AND HEARING. Subdivision 1. Motion. A claimant seeking to recover possession of property prior to notice and hearing as provided in section 565.23 shall proceed by motion seeking such relief. The motion shall be accompanied by an affidavit setting forth: (1) the information required by section 565.23, subdivision […]
565.25 BONDING REQUIREMENTS. Subdivision 1. Order of seizure of property. An order for seizure of property from the respondent shall provide that the seizure shall be contingent upon claimant’s filing of a bond approved by the court conditioned for the return of the property to the respondent, if a return be adjudged, and for the […]
565.251 POSSESSION BY RESPONDENT WITHOUT BOND; STAY OF PROCEEDING. The court may allow the respondent to retain or regain possession of the property without filing a bond and may stay the action by the claimant for a reasonable period of time not to exceed six months if the following conditions are met: (1) the respondent […]
565.26 ORDER FOR SEIZURE OF PROPERTY. Subdivision 1. Seizure order requirements. An order for seizure of property shall: (1) identify the property to be seized; (2) direct the sheriff to seize the property; and (3) specify that the claimant is authorized, immediately or after a specified reasonable period of time, to sell or otherwise dispose […]
565.27 SUFFICIENCY OF SURETY. A person asserting a claim to property seized by order of the court may by motion challenge the sufficiency of the surety for the bond filed with the court. If the court finds the surety insufficient, it may grant a reasonable time for the filing of another bond. History: 1979 c […]
565.28 FEES TO SHERIFF. Upon taking property pursuant to an order of the court, the sheriff shall keep it in a secure place and shall deliver it to the party entitled thereto as soon as reasonably possible upon receiving lawful fees and expenses for taking and keeping the property. The sheriff shall promptly return, without […]
565.29 ADVANCEMENT ON CALENDAR. A motion for advancement on the calendar or for a date certain for final hearing on the merits may be presented at any time and may be combined with any other motion and the court may advance the case or set a date certain as the ends of justice require. History: […]
