North Dakota Code 32-07-02 – Plaintiff’s affidavit
When a delivery is claimed, an affidavit must be made by the plaintiff, or by someone in the plaintiff’s behalf, stating:
Terms Used In North Dakota Code 32-07-02
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.
1. That the plaintiff is the owner of the property claimed, particularly describing it, or lawfully is entitled to the possession thereof by virtue of a special property therein, the facts in respect to which shall be set forth.
2. That the property is detained wrongfully by the defendant.
3. The alleged cause of the detention thereof according to the affiant’s best knowledge, information, and belief.
4. That the property has not been taken for a tax, assessment, or fine pursuant to a statute, nor seized under an execution or attachment against the property of the plaintiff, or if so seized, that it by statute is exempt from such seizure.
5. The actual value of the property.
6. That a court order has been issued authorizing delivery hereunder, and is attached:
a. Pursuant to notice to defendant and hearing on an order to show cause; or
b. Without notice to defendant if, in addition to satisfying the requirements for an order to show cause, probable cause appears to the court that:
(1) The defendant gained possession of the property by theft or fraud; (2) The property consists of one or more negotiable instruments or credit cards; (3) The property is perishable and will be irreparably damaged before a hearing can be held; or
(4) The property is in immediate danger of destruction, serious harm, concealment, or removal from the state, or of sale to an innocent purchaser.