OBJECTION TO SUFFICIENCY DOES NOT IMMEDIATELY RESULT IN RETURN
Section 5. Return of property. –
If the adverse party objects to the sufficiency of the applicant’s bond, or of the surety or sureties thereon, he cannot immediately require the return of the property,
but if he does not so object, he may, at any time before the delivery of the property to the applicant, require the return thereof, by filing with the court where the action is pending
a bond executed to the applicant, in double the value of the property as stated in the applicant’s affidavit for the delivery thereof to the applicant, if such delivery be adjudged, and for the payment of such sum to him as may be recovered against the adverse party, and by serving a copy of such bond on the applicant. (5a)
DISPOSITION (DELIVERY) OF PROPERTY
Section 6. Disposition of property by sheriff. –
the property shall be delivered to the applicant. If for any reason the property is not delivered to the applicant, the sheriff must return it to the adverse party.
- If within five (5) days after the taking of the property by the sheriff, the adverse party does not object to the sufficiency of the bond, or of the surety or sureties thereon;
- If the adverse party so objects and the court affirms its approval of the applicant’s bond or approves a new bond, OR
- If the adverse party requires the return of the property but his bond is objected to and found insufficient and he does not forthwith file an approved bond,
THIRD PERSON CLAIM; WHEN SHERIFF NOT BOUND TO KEEP OR DELIVER PROPERTY TO APPLICANT
Section 7. Proceedings where property claimed by third person. –
- If the property taken is claimed by any person other than the party against whom the writ of replevin had been issued or his agent, and
- such person makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds therefor, and
- serves such affidavit upon the sheriff while the latter has possession of the property and
- a copy thereof upon the applicant,
the sheriff shall not be bound to keep the property under replevin or deliver it to the applicant
SHERIFF' FILES ORDER AFTER TAKING PROPERTY
Section 8. Return of papers. – The sheriff must file the order, with his proceedings indorsed thereon, with the court within ten (10) days after taking the property mentioned therein. (8a)
ADJUDICATED UPON THE MERITS
Section 9. Judgment. – After trial of the issues, the court shall determine who has the right of possession to and the value of the property and shall render judgment in the alternative for the delivery thereof to the party entitled to the same, or for its value in case delivery cannot be made, and also for such damages as either party may prove, with costs. (9a)
- 1 more item...
IN CASE OF DISAGREEMENT, COURT DETERMINES
In case of disagreement as to such value, the court shall determine the same.
No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond.
- 1 more item...
APPLICANT FILES BOND = SHERIFF STILL BOUND
unless the applicant or his agent, on demand of said sheriff, shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property under replevin as provided in section 2 hereof.