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Nissan Motor Acceptance Corp. v. Robert Allen Nissan of Helena, Inc.

United States District Court, D. Montana, Helena Division

July 2, 2019

NISSAN MOTOR ACCEPTANCE CORPORATION, a California corporation, Plaintiff,
v.
ROBERT ALLEN NISSAN OF HELENA, INC., an Idaho corporation; ROBERT T. ALLEN, an individual, Defendants.

          ORDER FOR SEIZURE AND DELIVERY OF PERSONAL PROPERTY COLLATERAL

          CHARLES C. LOVELL, SENIOR UNITED STATES DISTRICT JUDGE

         This matter came before the Court pursuant to stipulation by the parties following plaintiff Nissan Motor Acceptance Corporation's ("NMAC") ex parte application to enforce forbearance agreement and for an order issuing writ of possession (the "Application").

         The Court, having reviewed the Application, Affidavit of Sam Huckaby, and the Court being otherwise fully advised, now, therefore, makes the determination that NMAC has made a prima-facie showing of the right to possession of the Collateral and the necessity for seizure of the Collateral by the U.S. Marshal, District of Montana. Accordingly, the Court concludes that the action is one in which an order for seizure and delivery of the Collateral should issue and enters the following orders:

         ORDER AWARDING POSSESSION OF COLLATERAL

         It is hereby ORDERED that NMAC is awarded possession of the Collateral identified in Exhibit A attached hereto.

         UNDERTAKING

         The parties stipulate that NMAC is not required to post an undertaking.

         SERVICE. SEIZURE AND DELIVERY BY MARSHAL

         GOOD CAUSE APPEARING, THEREFORE, IT IS HEREBY ORDERED that:

         1. NMAC has established that the Collateral is located at Defendant's place of business at 3135 Prospect Ave, Helena, MT 59601 (the "Dealership").

         2. The levying officer may enter the following private places at any time or times, using any necessary reasonable force, whether the premises are occupied or unoccupied, to take possession of the Collateral or any part thereof: 3135 Prospect Ave, Helena, MT 59601 ("Defendant's Business Premises").

         3. The levying officer is authorized to remain on Defendant's Business Premises at all times until all the Collateral is removed from the Dealership. The levying officer within whose jurisdiction the Collateral, or some part thereof, is located, is authorized to execute the order of possession and levy on the Collateral in either of the following manners as directed by NMAC:

a. The levying officer may seize the Collateral and retain ...

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