Section 536-A:10 – Property Within a Building.
536-A:10 Property Within a Building. – If the property or any part thereof is in a building or enclosure, the levying officer shall demand its delivery, announcing his identity, purpose, and the authority under which he acts. If the property is not voluntarily delivered, he shall cause the building or enclosure to be broken […]
Section 536-A:11 – Service.
536-A:11 Service. – The levying officer shall, without delay, serve upon the defendant a copy of the writ of replevin and written undertaking, the complaint and affidavit, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can […]
Section 536-A:12 – Ex Parte Issuance of Writ.
536-A:12 Ex Parte Issuance of Writ. – Upon specific request of the applicant and examination of the complaint and affidavit and such other evidence or testimony as the judge may thereupon require, a writ of replevin may be issued prior to hearing, if probable cause appears that any of the following exist: I. The […]
Section 536-A:13 – Shortened Hearing.
536-A:13 Shortened Hearing. – Where a writ of replevin has been issued ex parte and prior to hearing, the defendant or other person from whom possession of such property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause; and the court […]
Section 536-A:14 – Retention of Property Upon Filing Security.
536-A:14 Retention of Property Upon Filing Security. – I. At any time prior to the hearing of the order to show cause, or before the delivery of the property to the plaintiff, the defendant may require the return thereof upon filing with the court a written undertaking executed by the defendant and secured by […]
Section 536-A:15 – Officer Exempt From Liability.
536-A:15 Officer Exempt From Liability. – Any officer shall be exempt from liability to any person when acting in the proper performance of the directions of the court issued hereunder. He may require advance payment from a party of his costs of repossession and storage reasonably to be anticipated and, in any event, shall […]
Section 536-A:16 – Delivery of Possession.
536-A:16 Delivery of Possession. – When the levying officer has taken property as provided in this chapter, he shall keep it in a secure place and deliver it to the party preliminarily determined to be entitled thereto, upon receiving his fees for taking and his necessary expenses for keeping the same, after expiration of […]
Section 536-A:17 – Return.
536-A:17 Return. – The levying officer shall return the writ of replevin, with his proceedings thereon, to the court in which the action is pending, within twenty days after taking the property mentioned in the writ. Source. 1973, 467:1, eff. Aug. 29, 1973.
Section 536-A:18 – Judgment for Defendant.
536-A:18 Judgment for Defendant. – If the defendant shall prevail, he shall have judgment for the return of such personal property or part thereof, if he so elects, as remains in the possession of the applicant and such further damages as may be awarded him. Source. 1973, 467:1, eff. Aug. 29, 1973.
Section 536-A:19 – Contempt.
536-A:19 Contempt. – The provisions of this chapter shall apply to all cases of wrongful detention, including property attached in other actions of replevin or pursuant to other process of law and may be initiated at any stage of the proceedings and any violation of orders of the court issued hereunder may be punished […]