§604-6.2  Order to show cause.  Upon the
filing of a complaint with a copy of a 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 that the leased or rented personal
property has been in the defendant's possession at least 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 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 district courts, or by registered mail or by certified mail with return
receipt showing delivery within the State. [L 1980, c 171, §4; am L 1981, c
176, §4; am L 1983, c 249, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c
281, §11]



 



Cross References



 



  Sheriff, etc., see §26-14.6.