CHAPTER 206

REMEDY FOR POSSESSION OF PERSONAL PROPERTY

206.01                         Possession of Personal Property

A plaintiff may seek to recover possession of personal property through a lawsuit against the defendant, in the manner prescribed in this chapter.

206.02                         Summons and Complaint

Subdivision 1. Complaint. A plaintiff seeking to remove possession of personal property shall serve a summons and complaint as prescribed by law; except, the complaint shall be verified under oath and shall state the following:

      a)              A description of the personal property sought to be recovered by the plaintiff;

      b)              The facts giving rise to the plaintiff's right to possession, attaching to the complaint a copy of the documents, if any, evidencing the plaintiff's right to possession;

      c)              The facts showing that defendant is wrongfully detaining the property from plaintiff;

      d)              If the property being claimed is security for an obligation, then the date and the amount of the original obligation shall be stated plus the amount which has been paid to the plaintiff and the amount currently owing to the plaintiff;

      e)              A good faith approximation of the current market value of each item of property being claimed by the plaintiff.

Subdivision 2. Summons. Upon filing a proper complaint with the Clerk of Court of the Red Lake Court of Indian Offenses, the Clerk shall issue a summons in the usual form with the following changes:

      a)              A date, time and place for a hearing which shall be held within fourteen (14) days of the service of the summons and complaint;

      b)              A statement that the defendant has a right to appear at the hearing and present defense to plaintiff's claim and to state other reasons why plaintiff is not entitled to the property;

      c)              A statement that if the defendant does not appear at the hearing, the Court has authority to issue a judgment directing that the property described in the complaint be taken from the possession of the defendant.

206.03                         Continuance

At the time and date scheduled for the hearing, for good cause shown, the Court may grant a continuance for an additional 10 days. If either party shall request a jury trial, a continuance shall be granted for an additional 10 days in order to provide for the jury trial.

206.04                         Hearing

After the hearing, a judgment ordering the seizure of the property described in the complaint from the defendant and a delivery of the same to the plaintiff shall be entered if the plaintiff has shown by a ponderance of the evidence that s/he is entitled to the possession of the property.

206.05                         Judgment Ordering Seizure

Subdivision 1. The judgment for seizure shall be in the form of an order which shall contain the following:

      a)              Identification of the property to be seized;

      b)              A direction of the Red Lake Police Department to seize the property.

Subdivision 2. The judgment for seizure may contain the following:

      a)              Description of the place or places which may be entered by force by the Red Lake Police Department;

      b)              Require the defendant, his/her agents or employees to deliver the property to the plaintiff or disclose its location and if delivery is not made or the location is not disclosed, that the defendant must appear in Court at a specified time and place to give testimony as to the location of the property and to show cause why an order should not be entered finding defendant in contempt of Court for failure to deliver the property or to disclose its location.