Missouri Laws 533.010 – Action to recover specific personal property, procedure
If the plaintiff claim in his petition the possession of specific personal property, he may, at the time of filing his petition, or at any other time afterward, before the rendition of judgment in the cause, file his affidavit, or the affidavit of some other person in his behalf, showing:
(1) That the plaintiff is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to the possession thereof;
Terms Used In Missouri Laws 533.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes real and personal property. See Missouri Laws 1.020
(2) That it is wrongfully detained by the defendant;
(3) The actual value thereof;
(4) That the same has not been seized under any process, execution or attachment against the property of the plaintiff; and
(5) That plaintiff will be in danger of losing his said property, unless it be taken out of the possession of the defendant, or otherwise secured.