Replevin

The plaintiff in an action to recover the possession of personal property, at the time of issuing the summons or at any time before answer, may claim the immediate delivery of such property. (NDCC, 32-07-01) When a delivery is claimed, an affidavit must be made by the plaintiff. (NDCC, 32-07-02) The plaintiff, by an endorsement in writing upon the affidavit, may require the sheriff of the county where the property claimed may be to take the same from the defendant and deliver it to the plaintiff. (NDCC, 32-07-03) Upon the receipt of an affidavit and requisition with a written undertaking executed by one or more sufficient sureties approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in such affidavit, for the prosecution of the action for the return of the property to the defendant, if return thereof is adjudged, and for the payment to the defendant of such sum as for any cause may be recovered against the plaintiff, the sheriff forthwith shall take the property described in the affidavit, if it is in the possession of the defendant or the defendant's agent, and shall retain it in the sheriff's custody. The sheriff also without delay shall serve on the defendant a copy of the affidavit, requisition, and undertaking by delivering the same to the defendant personally, if the defendant can be found, or to the defendant's agent from whose possession the property is taken, or if neither can be found, by leaving them at the usual place of abode of either with some person of suitable age and discretion. (NDCC, 32-07-04)