Proving a Prima Facie Case

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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