2000 Minnesota Code
Chapters 500 - 515B Property Interests and Liens
Chapter 504B Landlord and Tenant
Section 504B.361 Forms of summons and writ.

504B.361 Forms of summons and writ.

Subdivision 1. Summons and writ. (a) The summons and writ of recovery of premises and order to vacate may be substantially in the forms in paragraphs (b) and (c).

(b)

FORM OF SUMMONS

State of Minnesota) ) ss. County of ........)

Whereas, ....., of ....., has filed with the undersigned, a judge of county stated, a complaint against ....., of ....., a copy of which is attached: You are hereby summoned to appear before the undersigned on the ..... day of ....., year....., at ..... o'clock ...m., at ....., to answer and defend against the complaint and to further be dealt with according to law.

Dated at ....., this ..... day of ....., year .....

.............................,

Judge of ....... court.

(c)

FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE

State of Minnesota) ) ss. County of ........)

The State of Minnesota, to the Sheriff or Any Constable of the County:

Whereas, ....., the plaintiff, of ....., in an eviction action, at a court held at ....., in the county of ..........., on the ..... day of ....., year ....., before ....., a judge of the county, recovered a judgment against ....., the ....., to have recovery of the following premises (describe here the property as in the complaint): ........

Therefore, you are commanded that, taking with you the force of the county, if necessary, you cause ....... to be immediately removed from the premises, and the plaintiff to recover the premises. You are also commanded that from the personal property of ............. within the county that you seize and sell, the plaintiff be paid ... dollars, as the costs assessed against the defendant, together with 25 cents for this writ. You are ordered to return this writ within 30 days.

Dated at ....., this ..... day of ....., year ....

.............................,

Judge of ........ court.

Subd. 2. Priority writ. The court shall identify a writ of recovery of premises and order to vacate property that is issued pursuant to an eviction action under section 504B.171, or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property and clearly note on the order to vacate that it is a priority order. Notice that it is a priority order must be made in a manner that is obvious to an officer who must execute the order under section 504B.365.

HIST: 1999 c 199 art 1 s 52