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Proving a Prima Facie Case REPLEVIN CASE SUIT BY A WIDOW ON
LIFE INSURANCE POLICY UNLAWFUL DETAINER ACTION Forward the Writ to the appropriate marshal or sheriff's office for execution on the judgment Obtain a Writ of Execution from the Court Obtain an abstract of the judgment, and have the judgment certified. File it in the county where the property is located Obtain evidence that shows the defendant stayed in the premises for the length of time specified, such as rent receipts Provide evidence that the rental agreement and provisions were accepted, such as witnesses that the defendant moved in and paid rent Obtain the original lease agreement executed by the plaintiff and defendant Establish the legal capacity of the plaintiff/owner to sue If the policy can't be located, either Send out a set of "special interrogatories" to the insurance agent issuing the policy with a request for a certified copy of the policy and application Set up a deposition, Subpoena Duces Tecum, requesting that the agent bring the policy and application or certified copies of them to the deposition, where they would be copied