§ 16-208. Replevy of property by owner

   (a) Issuance of writ. -- If the owner of property subject to a lien institutes an action of replevin and establishes a right to the issuance of a writ but for the defendant's alleged lien under this subtitle, the court shall issue the writ.

(b) Trial of replevin action. --

   (1) In the trial of the replevin action, the court shall determine:

      (i) The amount of the lien claim, if any; and

      (ii) The amount of any expenses properly incurred or accrued before the trial, including storage and advertising.

   (2) If judgment is for the defendant:

      (i) It may include reasonable attorney's fees; and

      (ii) It shall be either for the property replevied or for the amounts determined in accordance with paragraph (1) of this subsection.

   (3) The defendant has the burden of proof to establish his lien claim to the same extent as if he were a plaintiff in an action to secure judgment on an open account.

HISTORY: An. Code 1957, art. 63, § 45, 53; 1975, ch. 49, § 3; 1991, ch. 600.