7101 – When Action May Be Brought.

§ 7101. When action may be brought. An action under this article may be brought to try the right to possession of a chattel.

7102 – Seizure of Chattel on Behalf of Plaintiff.

§ 7102. Seizure of chattel on behalf of plaintiff. (a) Seizure of chattel. When the plaintiff delivers to a sheriff an order of seizure, the papers on which the order was granted, the undertaking and a summons and complaint bearing the index number and the date of filing with the clerk of the court, in […]

7103 – Reclaiming, Impounding or Returning Chattel.

§ 7103. Reclaiming, impounding or returning chattel. (a) Reclaiming chattel. A chattel may be reclaimed by any person claiming the right to its possession, except a defendant claiming only a lien thereon or a security interest therein , by service upon the sheriff, and upon all parties to the action, of a notice that the […]

7104 – Seizing, Reclaiming or Returning Less Than All Chattels.

§ 7104. Seizing, reclaiming or returning less than all chattels. Where the seizure of two or more chattels is required by the order of seizure, the sheriff shall seize those chattels which can be found. Less than all of the seized chattels may be impounded, reclaimed or returned. The value of the chattels seized, as […]

7105 – Sale of Perishable Property.

§ 7105. Sale of perishable property. Upon motion with such notice as the court may require, the court may order the sheriff to sell perishable property which has been seized. The court shall prescribe the time and place of the sale, and the manner and time in which notice thereof shall be given. Unless the […]

7106 – Payment of Sheriff’s Fees and Expenses; Liability of Sheriff.

§ 7106. Payment of sheriff’s fees and expenses; liability of sheriff. (a) Payment of sheriff’s fees and expenses. The sheriff shall not deliver a chattel to the person entitled to possession unless such person shall, upon request, pay to the sheriff his lawful fees and the expenses necessarily incurred in taking and keeping the chattel. […]

7107 – Sheriff’s Return.

§ 7107. Sheriff’s return. The sheriff shall file with the clerk a return within twenty days after he has delivered a chattel; it shall include all papers delivered to or served on him and a statement of all action taken by him. Where the sheriff has not filed a return before the hearing of a […]

7108 – Judgment; Execution in Certain Cases; Enforcement by Contempt.

§ 7108. Judgment; execution in certain cases; enforcement by contempt. (a) Generally. Damages for wrongful taking or detention or for injury to or depreciation of a chattel may be awarded to a party. If an order of seizure granted without notice is not confirmed as required pursuant to paragraph four of subdivision (d) of section […]

7109 – Unique Chattel.

§ 7109. Unique chattel. (a) Injunction, temporary restraining order. Where the chattel is unique, the court may grant a preliminary injunction or temporary restraining order that the chattel shall not be removed from the state, transferred, sold, pledged, assigned or otherwise disposed of until the further order of the court. (b) Judgment enforceable by contempt. […]

7110 – Sheriff’s Powers.

§ 7110. Sheriff’s powers. If the order of seizure so provides, the sheriff, in accordance with the order of seizure, may break open, enter and search for the chattel in the place where the chattel may be and take the chattel into his possession.

7111 – Action on Undertaking.

§ 7111. Action on undertaking. An action on an undertaking cannot be maintained after final judgment until the return, wholly or partly unsatisfied, of an execution on the judgment for delivery of possession of the chattel or for payment of a sum of money in lieu of the chattel.

7112 – Testimony by Deposition to Ascertain Location of Chattel.

§ 7112. Testimony by deposition to ascertain location of chattel. A party to an action to recover a chattel may move, upon such notice as the court may direct, upon a showing that he lacks knowledge of the location of the chattel or a part thereof, for an order to examine any person for the […]