Detinue Seizure Petition {DC-415}

DETINUE SEIZURE PETITION Virginia Code §§ 8.01-114 CASE NO. ................................................... ....................................................................................................................................... COURT NAME ............................................................. PLAINTIFF(S) v. ............................................................... DEFENDANT(S) .............................................................. .............................................................. .............................................................. ATTORNEY FOR PLAINTIFF(S) ............................................................... ............................................................... ............................................................... CO-DEFENDANT(S) STATEMENT ESTIMATED FAIR MARKET VALUE ............................................................... $____________ Unjust detention Damages $____________ ............................................................... Interest at _____% to Hearing Date $____________ ............................................................... Bond Premium (if any) $____________ Attorney's Fee (by contract) $____________ Court Fees and Costs $____________ Storage (estimated to hearing date) $____________ TOTAL CLAIMED $____________ Plaintiff(s)' claims against principal Defendant(s) are to recover specific personal property listed below (put estimated fair market value of each item in blocks labeled "alternate value") specific personal property listed below or its claimed alternate value ITEM (KIND AND QUALITY) ALTERNATE VALUE ITEM (KIND AND QUALITY) ALTERNATE VALUE 1. 2. 3. 4. 5. TOTAL ALTERNATE VALUE ALTERNATE VALUE BASED UPON 6. 7. 8. 9. 10. CONTINUED ON PAGE TWO ESTIMATED FAIR MARKET VALUE (if different from Alternate Value) Amount due on Written Contract of Sale Estimated Fair Market Value The basis of this claim is a written contract for sale waived ............................................................................. ....................................................................................................................................... The homestead exemption has been not waived cannot be demanded (debt for purchase price). Plaintiff(s) states that the prerequisite Grounds number . . . . . . . . . . . . . . . . [from list on back] is present in this case and a list of facts supporting this ground(s) is attached and incorporated into this petition. Plaintiff(s) therefore request the following relief: 1. Levy and take into possession (seize) the property described above. 2. Have such seized property delivered to the plaintiff(s) pending the completion of this case or until ordered otherwise. (Check the applicable box) This petition is filed in connection with the above-described pending detinue case in the above-named court. No other detinue case between the parties involving the same claim is pending in a Virginia court. The statements above are true and accurate to the best of my knowledge and belief. __________________________________________________ PLAINTIFF PLAINTIFF'S AGENT PLAINTIFF'S ATTORNEY Acknowledged, subscribed and sworn to before me this day. __________________________________________________ ....................................... DATE CLERK MAGISTRATE JUDGE NOTARY PUBLIC: My commission expires: . . . . . . . . . . . . . . . . . . . . . . . . . . . FORM DC-415 (MASTER, PAGE ONE OF TWO) REVISED 05/04 American LegalNet, Inc. www.FormsWorkflow.com A. The principal defendant or one of the principal defendants: A. (1) Is a foreign corporation, or is not a resident of this Commonwealth, and has estate or has debts owing to such defendant within the county or city in which the attachment is, or that such defendant being a nonresident of this Commonwealth, is entitled to the benefit of any lien, legal or equitable, on property, real or personal, within the county or city in which the attachment is. The word "estate," as herein used, includes all rights or interest of a pecuniary nature which can be protected, enforced, or proceeded against in courts of law or equity; A. (2) Is removing or is about to remove himself out of this Commonwealth with intent to change his domicile; A. (3) Intends to remove, or is removing, or has removed the specific property sued for, or his own estate, or the proceeds of the sale of his property, or a material part of such estate or proceeds, out of this Commonwealth so that there will probably not be therein effects of such debtor sufficient to satisfy the claim when judgment is obtained therefor should only the ordinary process of law be used to obtain the judgment; A. (4) Is converting, is about to convert or has converted his property of whatever kind, or some part thereof, into money, securities or evidences of debt with intent to hinder, delay or defraud his creditors; A. (5) Has assigned or disposed of or is about to assign or dispose of his estate, or some part thereof, with intent to hinder, delay or defraud his creditors; A. (6) Has absconded or is about to abscond or has concealed or is about to conceal himself or his property to the injury of his creditors, or is a fugitive from justice. The intent mentioned in Subdivisions A(4) and A(5) above may be stated either in the alternative or conjunctive. B. The specific personal property sought to be levied or seized: B. (1) Will be sold, removed, secreted or otherwise disposed of by the defendant, in violation of an obligation to the plaintiff, so as not to be forthcoming to answer the final judgment of the court respecting the same; or Will be destroyed, or materially damaged or injured if permitted to remain in the possession of the principal defendant or one of the principal defendants or other person or persons claiming under them. B. (2) DC-415 (MASTER, PAGE TWO OF TWO) REVISED 05/04 American LegalNet, Inc. www.FormsWorkflow.com