Iowa Code 643.1 – Where brought — petition
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Terms Used In Iowa Code 643.1
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
643.1 Where brought — petition.
An action of replevin may be brought in any county in which the property or some part thereof is situated. The petition must be verified and must state:
1. A particular description of the property claimed.
2. Its actual value, and, where there are several articles, the actual value of each.
3. The facts constituting the plaintiff‘s right to the present possession thereof, and the extent of the plaintiff’s interest in the property, whether it be full or qualified ownership.
4. That it was neither taken on the order or judgment of a court against the plaintiff, nor under an execution or attachment against the plaintiff or against the property; but if it was taken by either of these modes, then it must state the facts constituting an exemption from seizure by such process.
5. The facts constituting the alleged cause of detention thereof, according to the plaintiff’s best belief.
6. The amount of damages which the affiant believes the plaintiff ought to recover for the detention thereof.
[C51, §1703, 1994, 1995; R60, §3553; C73, §3225; C97, §4163; C24, 27, 31, 35, 39, §12177;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §643.1]
An action of replevin may be brought in any county in which the property or some part thereof is situated. The petition must be verified and must state:
1. A particular description of the property claimed.
2. Its actual value, and, where there are several articles, the actual value of each.
3. The facts constituting the plaintiff‘s right to the present possession thereof, and the extent of the plaintiff’s interest in the property, whether it be full or qualified ownership.
4. That it was neither taken on the order or judgment of a court against the plaintiff, nor under an execution or attachment against the plaintiff or against the property; but if it was taken by either of these modes, then it must state the facts constituting an exemption from seizure by such process.
5. The facts constituting the alleged cause of detention thereof, according to the plaintiff’s best belief.
6. The amount of damages which the affiant believes the plaintiff ought to recover for the detention thereof.
[C51, §1703, 1994, 1995; R60, §3553; C73, §3225; C97, §4163; C24, 27, 31, 35, 39, §12177;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §643.1]