§603-29  Order to show cause.  Whenever
a complaint has been filed in circuit court alleging leased or rented personal
property the value of which is $5,000 or more, has been retained by the
defendant fourteen days after the termination of the lease or rental contract,
either by passage of time or by reason of any default under the terms and
conditions of the lease or rental contract, the plaintiff may petition the
court for an order to show cause.



Upon the filing of the petition with a copy of
the lease or rental contract and an affidavit sworn to by the plaintiff or some
competent affiant setting forth a statement of facts sufficient to show the
termination of the lease or rental contract, the court may issue an order
directing the defendant to either return the leased or rented personal property
to the plaintiff or to appear and show cause for the possession at such time as
the court shall direct but not later than ten days from the date of service of
the order to show cause.  The order to show cause shall also provide that if
the leased or rented personal property is not returned to the plaintiff prior
to the hearing, the defendant shall, if reasonably feasible, produce the
property at the hearing.  If, at the hearing, it is proved to the satisfaction of
the court that the plaintiff is entitled to possession of the leased or rented
personal property, it shall issue an order directed to the sheriff, or the
sheriff's deputy, commanding the sheriff or deputy to seize the personal
property therein described and to deliver the same to the plaintiff or the
plaintiff's agent.  Service of the order to show cause shall be as provided by
law or rule of court for cases in the circuit courts, or by registered mail or
by certified mail with return receipt showing delivery within the circuit. [L
1980, c 171, §5; am L 1981, c 176, §5; gen ch 1985; am L 1989, c 211, §10; am L
1990, c 281, §11]



 



Cross References



 



  Sheriff, etc., see §26-14.6.