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Rule 708. Plaintiff May Replevy


When the defendant fails to replevy the property within ten days after the levy of the writ, if such defendant, his agent or attorney is present in the county, or within twenty days if absent from the county at the time of such levy, the officer having the property in possession shall at any time thereafter and before final judgment, deliver the same to the plaintiff upon his giving bond payable to the defendant in a sum of money not less than double the value of such property, with two or more good and sufficient sureties to be approved by such officer. If the property to be replevied be personal property, the condition of the bond shall be that he will have such property, in the same condition as when it is replevied, together with the value of the fruits, hire or revenue thereof, forthcoming to abide the decision of the court, or that he will pay the value thereof, or the difference between its value at the time of replevy and the time of judgment (regardless of the cause of such difference in value, and of the fruits, hire or revenue of the same in case he shall be condemned to do so.) If the property be real estate, the condition of such bond shall be that the plaintiff will not injure the property, and that he will pay the value of the rents of the same in case he shall be condemned to do so.

Source: Art. 6856.

Change: Giving plaintiff right to replevy at any time prior to judgment, when defendant fails to do so. Making the condition of plaintiff's bond the same as that of the defendant.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 11, 1977, eff. Jan. 1, 1978

Dec. 5, 1983, eff. April 1, 1984