§ 18-60-804 - Petition for recovery of personal property.
18-60-804. Petition for recovery of personal property.
(a) In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed by the party or his or her attorney, and shall set forth the reasons the issuance of the order of delivery is necessary.
(b) The petition may be presented to the circuit judge, who is empowered to hear it in any county of the district he or she serves, and he or she may issue an order giving notice of hearing to be held in any county in his or her district.
(c) The petition may be brought in the district court at the election of the party so filing, and the district court shall have authority to give notice and hear the petition in the same manner as the circuit court.
(d) If the petition recites facts which, if established by proof, support the existence of a right of possession in the petitioner, an order shall be issued, directing the party against whom the order of delivery is sought to appear before the judge issuing the order and show cause why the order of delivery should not be issued and the property seized and delivered to the petitioner.