Kansas > Statewide > District Court > Chapter 61 > Replevin And Foreclosure
Order To Take Possession Of Personal Property - Kansas
| Order To Take Possession Of Personal Property Form. This is a Kansas form and can be used in Replevin And Foreclosure Chapter 61 District Court Statewide . |
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File Stamp Date Case Number ______ Prepared by: Filer=s name, SC# Filer=s address Filer=s phone number {Filer=s fax phone number} {Filer=s e-mail address} Attorney for Plaintiff In The District Court of ______ County, Kansas Plaintiff=s name Plaintiff vs. CaseNo. ______ Defendant=s name Defendant Defendant=s address {Defendant=s SSN/TIN} Pursuant to Chapter 61 of Kansas Statutes Annotated ORDER TO TAKE POSSESSION OF PERSONAL PROPERTY To the Sheriff or other Process Server: WHEREAS, the above-named plaintiff has commenced an action in this court against the above-named defendant for foreclosure of the plaintiffs security interest in certain personal property and has filed the plaintiffs affidavit and bond, as required by law, to obtain an order that such personal property be immediately taken into your possession and kept by you until further order of the court; You are therefore commanded to take immediate possession of the following described personal property and deliver it to such plaintiff unless you receive a redelivery bond from the defendant. The description and estimated value of each article you are to take into possession is as follows: (State description and value of each item as alleged in the plaintiffs affidavit.) You shall also serve a copy of this order on the defendant in the same manner as the service of summons and make your return within ____ days of the date hereof. <<<<<<<<<********>>>>>>>>>>>>> 2 __________________________________ Signature, JudgeDated: ____________________ RETURN ON ORDER(MANNER OF EXECUTION) On __________, _____, at __ oclock, __M., I received this order and executed the same asfollows: (1) Property Taken Into Possession. On ___________, _____, I took into possession thefollowing articles of personal property, to wit: ______. (2) Property in Possession of Officer. The property listed and itemized above is held inmy possession subject to the further order of the court. (3) Redelivery Bond Received. On ___________, _____, I received from the defendant,with ________ as surety thereon, a bond in the amount of $____, double the amount of theestimated value of the articles taken, and I returned the above-described articles of personalproperty to the defendant. Such bond has been by me determined to be sufficient and is herewithfiled with the court. (4) Property Not Found. I attempted to execute this order, but was unable to locate anyof the articles of personal property described in the order within this county. (The officer should delete or omit those portions not applicable to the manner ofexecuting this order.) (MANNER OF SERVICE ON DEFENDANTS) I hereby certify that I served a copy of this order on the defendant at the time and in themanner following, to wit: ______. I was unable to locate the following defendant ________ within this county. __________________________________ Signature, Sheriff or Process ServerDated: ____________________
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