Writs of Possession

Part 2, Title 7, Chapter 2, Article 2 of the Code of Civil Procedure deals with a writ of possession in claims and delivery of personal property in civil actions.

Section 512.010 provides that, upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. The application is required to be executed under oath and include all five specified items.

Section 512.020 prohibits any writ from being issued under this chapter except after a hearing on a noticed motion. A writ of possession may be issued ex parte pursuant to this subdivision if probable cause appears that any of the three specified conditions exist.

Section 512.030 requires, prior to the hearing, the defendant to be served with three specified items of information.

Section 512.040 requires the “Notice of Application and Hearing” to inform the defendant of all of the specified requirements. The notice is required to contain a specified statement.

Section 512.050 requires each party to file with the court and serve upon the other party within the time prescribed by rule any affidavits and points and authorities intended to be relied upon at the hearing. At the hearing, the court makes its determinations upon the basis of the pleadings and other papers in the record.

Section 512.060 requires at the hearing for a writ of possession to be issued if both of the specified conditions are met.

Section 512.070 states that if a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff.

Section 512.080 requires the writ of possession to meet the five specified requirements.

Section 512.09 authorizes the plaintiff to apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the levying officer to seize the property at a private place not specified in the writ.

Section 512.100 provides that, neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor their failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter constitutes a waiver of any defense to plaintiff’s claim in the action or any other action.

Section 512.110 requires the determinations of the court under this chapter to not have any effect on the determination of any issues in the action other than the issues relevant to proceedings under this chapter.

Section 512.120 requires, if the plaintiff fails to recover judgment in the action, the plaintiff must redeliver the property to the defendant and be liable for all damages sustained by the defendant which are proximately caused by operation of the temporary restraining order and preliminary injunction, the levy of the writ of possession, and the loss of possession of the property pursuant to levy of the writ of possession or in compliance with an order issued.