Effective: March 13, 1986
Latest Legislation: House Bill 442 - 116th General Assembly
Any party to an action involving a claim for the recovery of specific personal property, upon or at any time after commencement of the action, may apply to the court by written motion for an order of possession of the property. The motion shall have attached to it the affidavit of the movant, his agent, or his attorney containing all of the following:
(A) A description of the specific personal property claimed and the approximate value of each item or category of property claimed;
(B) The specific interest of the movant in the property and, if the interest is based upon a written instrument, a copy of that instrument;
(C) The manner in which the respondent came into possession of the property, the reason that the detention is wrongful and, to the best of the knowledge of the movant, the reason, if any, that the respondent may claim the detention is not wrongful;
(D) The use to which the respondent has put the property, as determined by the movant after such investigation as is reasonable in the circumstances;
(E) The extent, if any, to which the movant is or will be damaged by the respondent's detention of the property;
(F) To the best of the movant's knowledge, the location of the property;
(G) That the property was not taken for a tax, assessment, or fine pursuant to statute, or seized under execution of judgment against the property of the movant or, if so seized, that it is statutorily exempt from seizure.
Structure Ohio Revised Code
Title 27 | Courts-General Provisions-Special Remedies
Section 2737.01 | Replevin Definitions.
Section 2737.02 | Pre-Judgment Recovery of Personal Property.
Section 2737.03 | Motion and Affidavit for Order of Possession of Property.
Section 2737.04 | Request for Hearing on Motion for Order of Possession of Property.
Section 2737.05 | Form for Notice of Motion for an Order of Possession.
Section 2737.06 | Issuing Order of Possession Without Hearing.
Section 2737.07 | Hearing on Motion for Order of Possession of Property.
Section 2737.08 | Order of Possession Contents.
Section 2737.09 | Execution of Order.
Section 2737.10 | Filing of Bond Before Order of Possession Is Effective.
Section 2737.11 | Recovery of Property by Filing Bond or Cash Deposit.
Section 2737.12 | Objections to Sureties.
Section 2737.14 | Final Judgment to Award Permanent Possession.
Section 2737.15 | Proceedings When Movant Fails to Prosecute to Final Judgment.
Section 2737.16 | Order of Possession Directed to Levying Officer of County.
Section 2737.17 | Officer May Use Any Lawful Means to Enter Any Building or Enclosure.
Section 2737.18 | Action on Bond.
Section 2737.19 | Issuing Order of Possession Without Notice or Hearing.