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Order To Take Possession Of Personal Property Form. This is a Kansas form and can be use in District Court Statewide.
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Tags: Order To Take Possession Of Personal Property, Kansas Statewide, District Court
(Revised 7/05)
File Stamp Date
Case Number ______
Prepared by:
Filer’s name, SC#
Filer’s address
Filer’s phone number
{Filer’s fax phone number}
{Filer’s e-mail address}
Attorney for Plaintiff
In The District Court of ______ County, Kansas
Plaintiff’s name
Plaintiff
vs.
Case No. ______
Defendant’s name
Defendant’s address
Defendant
Pursuant to Chapter 61 of
Kansas Statutes Annotated
ORDER TO TAKE POSSESSION OF PERSONAL PROPERTY
To the Sheriff or other Process Server:
WHEREAS, the above-named plaintiff has commenced an action in this court against the
above-named defendant for foreclosure of the plaintiff's security interest in certain personal
property and has filed the plaintiff's affidavit and bond, as required by law, to obtain an order
that such personal property be immediately taken into your possession and kept by you until
further order of the court;
You are therefore commanded to take immediate possession of the following described personal
property and deliver it to such plaintiff unless you receive a redelivery bond from the defendant.
The description and estimated value of each article you are to take into possession is as follows:
(State description and value of each item as alleged in the plaintiff's affidavit.)
You shall also serve a copy of this order on the defendant in the same manner as the service of
summons and make your return within ____ days of the date hereof.
__________________________________
Signature, Judge
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Dated: ____________________
RETURN ON ORDER
(MANNER OF EXECUTION)
On __________, _____, at __ o'clock, __M., I received this order and executed the same as
follows:
(1) Property Taken Into Possession. On ___________, _____, I took into possession the
following articles of personal property, to wit: ______.
(2) Property in Possession of Officer. The property listed and itemized above is held in
my possession subject to the further order of the court.
(3) Redelivery Bond Received. On ___________, _____, I received from the defendant,
with ________ as surety thereon, a bond in the amount of $____, double the amount of the
estimated value of the articles taken, and I returned the above-described articles of personal
property to the defendant. Such bond has been by me determined to be sufficient and is herewith
filed with the court.
(4) Property Not Found. I attempted to execute this order, but was unable to locate any
of the articles of personal property described in the order within this county.
(The officer should delete or omit those portions not applicable to the manner of
executing this order.)
(MANNER OF SERVICE ON DEFENDANTS)
I hereby certify that I served a copy of this order on the defendant at the time and in the
manner following, to wit: ______.
I was unable to locate the following defendant ________ within this county.
__________________________________
Signature, Sheriff or Process Server
Dated: ____________________
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