Bonds for immediate possession of chattel.

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If the owner or other person claiming an interest in a chattel seized under this article desires to obtain immediate possession of the chattel, the court may order delivery to the claimant upon execution by him of a bond payable to the sheriff having possession of the seized property, in an amount equal to the appraised value of the chattel, with security to be approved by the clerk of court. The bond must be conditioned on returning the chattel at the time of the hearing of the proceeding or at a time as the court may order. In addition, the court may order the claimant to pay the difference between the appraised value of the chattel as of the time it has been so released on bond and the appraised value as of the time of its return; and conditioned further that if the chattel is not returned as ordered, the bond stands in lieu of and is forfeited in the same manner as the chattel. Notwithstanding the provisions of this section, the court may, in its discretion, refuse to order delivery of possession.

HISTORY: 1996 Act No. 415, Section 1.


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