NOTICE OF MOTION

TO:     

            PLEASE TAKE NOTICE that at a.m./p.m. on , the Defendant will bring the following motion on for hearing before the Honorable , Referee or Judge of District Court, at the following location: .

MOTION

                                                                              , being duly sworn, moves the Court as follows:

            1.         Since , Defendant has been a residential tenant at ("the premises") under □ written □ oral rental agreement with , providing for rental of $ per month.

            2.         Plaintiff is the of the premises. Plaintiff's address is .

            3.         Plaintiff commenced this action alleging that .

            4.         On , a hearing was held before the Honorable . The court found that .

            5.         The court ordered that the Writ of Recovery of the premises and order to vacate be stayed until .

            6.         On , the Clerk of Court issued the Writ and entered judgement for Plaintiff.

            7.         On , Plaintiff took the following action to remove Defendant's personal property on the premises, and stored the property off the premises: .

Grounds for Relief

            8.         □          The Court should retain jurisdiction in this unlawful detainer action regarding removal and storage of property pursuant to a writ of recovery. See Minn. Stat. § 504B.365, subd. 4, formerly § 566.17.

            9.         □          Plaintiff removed Defendant's property from the premises without the presence or participation of the sheriff, licensed police officer, or community crime prevention licensed police officer, in violation of Minn. Stat. § 504B.365, subd. 3(a).

            10.       □          Plaintiff did not give proper notice to Defendant before removing Defendant's property, in violation of Minn. Stat. § 504B.365, subd. 3(g), as follows:

                        a.         □          Plaintiff did not send written notice to Defendant by first class mail, stating the date and approximate time for removal of Defendant, Defendant's family, and Defendant's personal property from the premises, and that Defendant and Defendant's property would be removed from the premises if Defendant had not vacated the premises by the time stated in the notice.

                        b.         □          Plaintiff did not mail the notice as soon as Plaintiff knew the date and approximate time the sheriff or police officer was scheduled to enforce the writ of recovery.

                        c.         □          Plaintiff did not make a good faith effort to notify Defendant by telephone.

            11.       □          Plaintiff and intend to sell Defendant's property without retaining it for 60 days, in violation of Minn. Stat. § 504B.365, subd. 3(c).

            12.       □          Plaintiff and issued a sale notice which did not include all of the following: the time and place of sale, the amount which would be due on the date of sale exclusive of expenses of advertising and sale, the grounds of the lien on the property, and a general description of the property, in violation of Minn. Stat. §§ 504B.365, subd. 3(c), 514.21.

            13.       □          Plaintiff and did not properly serve Defendant with the notice of sale, in violation of Minn. Stat. §§ 504B.365, subd. 3(c), 514.21, as follows:

                        a.         □          Plaintiff and did not personally serve Defendant with the notice of sale, or mail it to Defendant at least three weeks before the date of sale.

                        b.         □          Plaintiff and did not publish the notice of sale once in each week for three successive weeks in a newspaper printed and published in the county where the property is stored, with the last publication of the notice at least one week prior to the date of sale.

            14.       □          Plaintiff and did not properly care for Defendant's property, causing theft or damage to the property, in violation of Minn. Stat. § 504B.365, subd. 3(f).

            15.       □          Plaintiff and did not properly conduct the sale, in violation of Minn. Stat. §§ 504B.365, subd. 3(c), 514.22.

            16.       □           who is storing Defendant's property for Plaintiff, is a necessary party to this action under the Minnesota Rules of Civil Procedure 19.01, since Defendant would be unable to obtain complete relief regarding disposition of Defendant's property if is not a party.

            17.       □          Plaintiff’s and 's actions constitute consumer fraud and deceptive trade practices, in violation of Minn. Stat. §§ 325F.68-325F.70, 8.31, 325D.43-325D.48. See Love v. Amsler, 441 N.W.2d 555, 557-59 (Minn. Ct. App. 1989).

            18.       Defendant took the following action to notify Plaintiff of Defendant's intent to bring this motion: .

Defendant Requests an Order as Follows:

            1.         □          Retaining jurisdiction to consider Defendant's claims.

            2.         □          Joining as a necessary party Plaintiff under Minnesota Rules of Civil Procedure 19.01.

            3.         □          Enjoining Plaintiff and from selling Defendant's property.

            4.         □          Ordering Plaintiff and to return Defendant's property to Defendant.

            5.         □          Enjoining Plaintiff from committing consumer fraud and deceptive trade practices, in violation of Minn. Stat. §§ 325F.68-325F.70, 8.31, 325D.43-325D.48. See Love v. Amsler, 441 N.W.2d 555, 557-59 (Minn. Ct. App. 1989).

            6.         □          Awarding Defendant treble damages or $500.00, whichever is greater, under Minn. Stat. §§ 504B.365, subd. 5, 504B.231.

            7.         □          Awarding Defendant costs, disbursements, and reasonable attorney's fees pursuant to:

                        a.         □          Minn. Stat. §§ 504B.365, subd. 5, 504B.231; Follis v. State Armory Building Commission, No. A14-2198, 2015 WL 7940309 (Minn. Ct. App. Dec. 7, 2015) (unpublished).

                        b.         □          Minn. Stat. §  504B.172, because my lease began on or after August 1, 2011, or was renewed on or after August 1, 2012, it provides for attorney fees to Plaintiff’s or the landlord’s attorneys, so I am entitled to attorney fees if I prevail.

            8.         □          Other: .

            9.         Granting Defendant such other and further relief as may be just and equitable in the circumstances.

            10.       Under Minn. R. Civ. P. 11, I certify that, to the best of my knowledge:

                        a.         this document is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

                        b.         the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

                        c.         the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;

                        d.         the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief; and

                        e.         this document does not include any restricted identifiers and that all restricted identifiers have been submitted in a confidential manner as required by Minn. R. Gen. Prac. 11.

I know that I may be fined or sanctioned by the court if this certification is false.

            11.       Under Minn. Stat. § 358.116, I declare under penalty of perjury that everything I have stated in this document is true and correct.