Replevin

When a delivery is claimed, an affidavit must be made by the person claiming the property or someone on the person's behalf, stating: facts that establish reasonable belief that the person claiming the property is the owner or is lawfully entitled to possession and that the seizure is necessary to prevent the removal or destruction of the property; that the property is wrongfully detained by the defendant; that the property has not been taken for a tax, assessment, or fine, pursuant to statute, or seized under an execution or an attachment against the property of the person claiming the property or, if seized, that it is by statute exempt from seizure; and a particular description of the property and the actual value of the property. (MCA 27-17-201) The sheriff may not make a seizure unless an order from a judge of the court having jurisdiction of the cause is attached to the affidavit. (MCA 27-17-203) When the sheriff has taken property, the sheriff shall keep the property in a secure place and deliver it to the party entitled to the property upon receiving the sheriff's lawful fees for taking and the necessary expenses for keeping the property. (MCA 27-17-301) In all cases when a judgment is rendered, in an action to recover the possession of personal property, for the return of personal property or its value if a return cannot be had, it is the duty of the party against whom the judgment is rendered to return the property in as good condition as the property was when possession was taken by the party. (MCA 27-17-402)