§603-29 Order to show cause.

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§603-29 Order to show cause. Whenever a complaint has been filed in circuit court alleging leased or rented personal property the value of which is $5,000 or more, has been retained by the defendant fourteen days after the termination of the lease or rental contract, either by passage of time or by reason of any default under the terms and conditions of the lease or rental contract, the plaintiff may petition the court for an order to show cause.

Upon the filing of the petition with a copy of the lease or rental contract and an affidavit sworn to by the plaintiff or some competent affiant setting forth a statement of facts sufficient to show the termination of the lease or rental contract, the court may issue an order directing the defendant to either return the leased or rented personal property to the plaintiff or to appear and show cause for the possession at such time as the court shall direct but no later than ten days from the date of service of the order to show cause.

The order to show cause shall also provide that if the leased or rented personal property is not returned to the plaintiff before the hearing, the defendant shall, if reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the satisfaction of the court that the plaintiff is entitled to possession of the leased or rented personal property, it shall issue an order directed to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 commanding the sheriff, deputy sheriff, police officer, or independent civil process server to seize the personal property therein described and to deliver the same to the plaintiff or the plaintiff's agent.

Service of the order to show cause shall be as provided by law or rule of court for cases in the circuit courts, or by registered mail or by certified mail with return receipt showing delivery within the circuit. [L 1980, c 171, §5; am L 1981, c 176, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §1; am L 2013, c 116, §§3, 25(2); am L 2015, c 101, §4; am L 2021, c 41, §3; am L 2022, c 278, §17]

Note

The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.