An action of replevin may be brought in any county in which the property or some part
thereof is situated. The petition must be verified and must state:
1. A particular description of the property claimed.
2. Its actual value, and, where there are several articles, the actual value of each.
3. The facts constituting the plaintiff’s right to the present possession thereof, and the
extent of the plaintiff’s interest in the property, whether it be full or qualified ownership.
4. That it was neither taken on the order or judgment of a court against the plaintiff, nor
under an execution or attachment against the plaintiff or against the property; but if it was
taken by either of these modes, then it must state the facts constituting an exemption from
seizure by such process.
5. The facts constituting the alleged cause of detention thereof, according to the plaintiff’s
best belief.
6. The amount of damages which the affiant believes the plaintiff ought to recover for the
detention thereof.
[C51, §1703, 1994, 1995; R60, §3553; C73, §3225; C97, §4163; C24, 27, 31, 35, 39, §12177;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §643.1]
\n
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1954–2026 · leading case:
Prenger v. Baker, 542 N.W.2d 805 (Iowa 1995).
Prenger v. Baker, 542 N.W.2d 805 (Iowa 1995).
· cites it 4× “Replevin is a statutory proceeding governed in part by Iowa Code section 643.1. Section 643.1 provides a plaintiff must state “a particular description of the property claimed,” as well as “facts constituting the plaintiffs right to present possession thereof.”
Audio Odyssey, Ltd. v. Brenton First Nat'l Bank, 245 F.3d 721 (8th Cir. 2001).
· cites it 3× “Audio Odyssey maintains that -7- the Iowa replevin statute, Iowa Code §§ 643.1 - 643.22 (1999), is unconstitutional because it deprives debtors of property without due process of law.”
Flickinger v. Mark IV Apts., Ass'n, 315 N.W.2d 794 (Iowa 1982).
· cites it 3× “The pleading requirements are contained in section 643.1, The Code. The petition must state, inter alia: facts showing the plaintiff’s right to possession of the property; that the property was neither taken pursuant to court order or judgment nor attachment or execution, or, if…”
Audio Odyssey, Ltd., an Iowa Corp. Dogan A. Dincer Ann M. Dincer v. Brenton First Nat'l Bank, an Iowa Banking Corp. Michael M. Bladel, Sheriff of Scott Cnty., Iowa John M. Norris, Deputy Sheriff of Scott Cnty., Iowa Charles A. Barton John C. Bradley Chris A. Pieper, Roger Hoffman Merchants Bonding Co., a Corp., Corp., Audio Odyssey, Ltd., an Iowa Corp. Dogan A. Dincer Ann M. Dincer v. Bernard J. Hofmann Anderson & Nelson, a Prof'l Corp., 245 F.3d 721 (1st Cir. 2001).
· cites it 2× “Audio Odyssey maintains that the Iowa replevin statute, Iowa Code 643.1 - 643.22 (1999), is unconstitutional because it deprives debtors of property without due process of law.”
Iowa Truck Ctr., Inc. v. Davis, 204 N.W.2d 630 (Iowa 1973).
· cites it 2× “Despite defendants’ claim to the contrary it is axiomatic, replevin is a proceeding based on immediate right of possession of specific personalty at the time an action is commenced and one having that right may maintain such an action even against the true owner.”
Lyons v. Shearman, 62 N.W.2d 196 (Iowa 1954).
· cites it 2× “Section 643.1 provides, in part, that plaintiff state in his petition a particular description of the property sought to be recovered, together with the facts consti *381 tuting his right to present possession thereof.”
— Iowa Code § 643.1(3) — 2 cases
Iowa Truck Ctr., Inc. v. Davis, 204 N.W.2d 630 (Iowa 1973).
“Despite defendants’ claim to the contrary it is axiomatic, replevin is a proceeding based on immediate right of possession of specific personalty at the time an action is commenced and one having that right may maintain such an action even against the true owner.”
Flickinger v. Mark IV Apts., Ass'n, 315 N.W.2d 794 (Iowa 1982).
“The pleading requirements are contained in section 643.1, The Code. The petition must state, inter alia: facts showing the plaintiff’s right to possession of the property; that the property was neither taken pursuant to court order or judgment nor attachment or execution, or, if…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.