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Statutes

"The process for recovery of possession of property after service of a summons and compliant, but prior to the final judgment must proceed by motion which must contain specific elements. Minn. Stat. §565.23

A claimant may seek recovery of possession of property prior to notice and hearing by motion, and the court may order the seizure of the property when specific findings are made. The court may also issue an order protecting the claimant's insterest in lieu of direct seizure while the case is pending. Minn. Stat. §565.24

An order for seizure of property from the respondent must make the seizure contingent upon claimant's filing of a bond. The bond must be 1-1/2 times the fair market value of the property seized. A respondent may retain or regain possession of the property by filing of a bond of 1-1/4 times the fair market value of the property or 1-1/2 times the amount of the claimant's claim, whichever is less. An order for seizure may specify a time limitation within which the bond must be filed. In lieu of filing a bond, either claimant or respondent may satisfy bonding requirements by depositing with the court cash, a cashier's check, or a certified check.The court may in extraordinary circumstances provide that the respondent may not retain or regain possession of the property or may limit or condition the right to retain or regain the property upon rebonding. If, at a hearing following seizure of property, the claimant fails to establish a right to continued possession, the court must order the property returned to respondent with the costs to be borne by claimant. The court may order claimant's bond to continue in an amount sufficient to offset damages claimed by respondent by reason of the seizure. Minn. Stat. §565.25

In an action to recover the possession of personal property, judgment may be rendered for the plaintiff and for the defendant, or for either. Judgment for either, if the property has not been delivered, and a return is claimed in the complaint or answer, may be for the possession or the value in case possession cannot be obtained, and damages. Minn. Stat. §548.04"

Cases

Comments

§565.251 – the court may allow the respondent (debtor) 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 6 months if certain conditions are met including: 1. respondent is unable to make the required payments due to unforeseen economic circumstances beyond respondent's control; 2. respondent is dependent on the use of the property to earn a living; 3. respondent insures the property for its fair market value; 4. respondent makes periodic payments to the claimant representing the depreciation in market value of the property while the respondent retains possession, in an amount and during the times prescribed by the court; and 5. respondent makes periodic payments to the claimant representing the value of the use of the property or the cost to the claimant of the lost opportunity to use the property, in an amount and during the times determined by the court.

Contributors

The statutory information was edited and reviewed with the support of MultiState

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