Which of the following is part of the process for securing an Order to Seize Chattel?

• A. File affidavits showing probability of success on the merits
• B. Immediately seize the chattel without notice
• C. No indemnity required
• D. Obtain a jury verdict first

Answer: (A)

Securing an Order to Seize Chattel is a provisional remedy designed to protect the plaintiff’s potential recovery while the case goes forward. A foundational requirement is showing the claim has a real likelihood of success on the merits and that there is a risk the defendant will dissipate or hide the chattel before judgment. Sworn affidavits that set out the facts and explain why the claim is probably valid give the court a credible basis to grant the order. This step demonstrates both the viability of the claim and the need for urgent action to preserve the property.

Seizure without notice is not the standard approach; notice and an opportunity to be heard are typically required, with possible exceptions only in urgent ex parte situations. Indemnity or a bond is usually required to protect the defendant if the order is later found to have been improper, and a jury verdict is not needed before the provisional remedy is issued.