Section 8.3 Affidavit and Order of Delivery

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

2. (§8.3) Affidavit and Order of Delivery

Under Rule 99.03, when a plaintiff requests immediate possession of the property, either the plaintiff or the plaintiff's agent or counsel must file an affidavit with the court. The affidavit must state:

(a) The description of the property;

(b) Facts showing the party is entitled to the possession of the property;

(c) The actual value of the property;

(d) The property has not been seized under any legal process; [and]

(e) The party is in danger of losing the property unless immediate possession is obtained or the property is otherwise secured.

Id.

The only change from the...