§ 18-60-810 - Affidavit for replevin.
18-60-810. Affidavit for replevin.
(a) An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his or her office an affidavit of the plaintiff, or of someone in his or her behalf, showing:
(1) A particular description of the property claimed;
(2) Its actual value and the damages which the affiant believes the plaintiff ought to recover for the detention thereof;
(3) That the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the immediate possession of the property;
(4) That the property is wrongfully detained by the defendant, with the alleged cause of the detention thereof, according to the best knowledge, information, and belief of the affiant;
(5) That it has not been taken for a tax or fine against the plaintiff, or under any order or judgment of a court against him or her, or seized under an execution or attachment against his or her property, or, if so seized, that it is by statute exempt from seizure;
(6) That the plaintiff's cause of action has accrued within three (3) years; and
(7) When the action is brought to recover property taken under an execution, the fact of the taking and the nature of the process under which it was done.
(b) When the delivery of several articles of property is claimed, the affidavit must state the value of each.