[In amount computed pursuant to section 565.25]. This amount is [1-1/4 times the claimant's estimate
of the value of the property] [1-1/2 times the claimant's claim against you]. If you believe the [value of the
property] [amount of the claim] is overstated, you may ask the court to lower it.
If you do not appear at the hearing, the court has authority to issue an order directing that the above
described property be immediately taken from your possession."
Subd. 3. Seizure order. After a hearing, the court shall order seizure of the property from respondent
and delivery to claimant if claimant has demonstrated the probability of success on the merits entitling
claimant to possession of the property and upon compliance with the bonding requirements set forth in
section 565.25, subdivision 1, unless the court makes the following findings:
(a) respondent has shown a defense to the merits of claimant's claim, the defense is a fair basis for
litigation and the defense would, if established at hearing on the merits, entitle respondent to retain possession
of the property;
(b) the interests of respondent cannot be adequately protected by the bond filed by claimant pursuant to
section 565.25, subdivision 1, if the property is delivered to the claimant prior to final decision on the merits;
and
(c) the harm suffered by the respondent would be substantially greater than the harm which would be
suffered by the claimant if the property were not delivered to the claimant prior to final decision on the
merits.
Subd. 4. Protection of claimant rights. If the court makes the findings prescribed by subdivision 3 and
orders that respondent may retain possession pending final decision on the merits, the court shall enter a
further order protecting the rights of the claimant to the extent possible. The order may require that respondent
make partial payment of the debt which may be due and that the payment shall be made either directly to
claimant or into an escrow, that respondent post a bond in an amount set by the court, that respondent make
the property available for inspection from time to time, that respondent be restrained from certain activities,
including, but not limited to, selling, disposing or otherwise encumbering the property, or any other provision
the court may deem just and appropriate.
Subd. 5. Bond. An order requiring seizure of property may be stayed up to three days to allow the
respondent time to post a bond pursuant to section 565.25, subdivision 2.
History: 1979 c 18 s 3; 1998 c 254 art 1 s 107
565.24 RECOVERY OF POSSESSION PRIOR TO NOTICE AND HEARING.
Subdivision 1. Motion. A claimant seeking to recover possession of property prior to notice and hearing
as provided in section 565.23 shall proceed by motion seeking such relief. The motion shall be accompanied
by an affidavit setting forth:
(1) the information required by section 565.23, subdivision 1;
(2) the facts establishing grounds for a prehearing seizure, as specified in subdivision 2.
Subd. 2. Seizure of property prior to hearing. The court may order seizure of the property from the
respondent prior to a hearing only if it makes specific findings, based upon competent evidence in the form
of affidavit or oral testimony, that:
Official Publication of the State of Minnesota
Revisor of Statutes
565.24MINNESOTA STATUTES 20233
