(a) If the scrap metals dealer or recycler contests the identification or ownership of the regulated metals property, the party other than the scrap metals dealer or recycler claiming ownership of any stolen goods in the possession of a scrap metals dealer or recycler may, provided that a timely report of the theft of the regulated metals property was made to the proper authorities, bring an action for replevin in the Superior Court by a complaint in substantially the following form:
1. This is an action to recover possession of personal property on the island of ____.
2. The description of the property is: (list property). To the best of plaintiff’s knowledge, information, and belief, the value of the property is $____.
3. Plaintiff is the lawful owner of the property and can identify the property as belonging to the plaintiff in the following manner: (explain basis of identification).
4. Plaintiff is entitled to the possession of the property _____________.
5. To the plaintiff’s best knowledge, information, and belief the property is located at __________.
6. The property is wrongfully detained by defendant, Defendant came into possession of the property by (describe method of possession). To plaintiff’s best knowledge, information, and belief, defendant detains the property because (give reasons).
7. The property has not been taken under an execution or attachment against plaintiff’s property.
(b) The filing fees and the service fee shall be paid by the plaintiff. The court shall award the prevailing party reasonable attorney’s fees and costs.
(c) Upon the filing of the complaint, the court shall set a hearing to be held at the earliest possible time. Upon the receipt by a scrap metals dealer or recycler of a complaint for return, the scrap metals dealer or recycler shall hold, and shall not process or otherwise alter or dispose of, the regulated metals property at issue, or any portion thereof until the court determines the respective interests of the parties.