Effective: March 13, 1986
Latest Legislation: House Bill 442 - 116th General Assembly
An order of possession issued by a court shall not be effective until the movant files with the court a bond to the respondent, executed by the movant's surety, in an amount twice the approximate value of the property described in the order, to the effect that, should judgment be issued against the movant, the movant will return the property taken or pay the value so assessed, at the election of the respondent, and also pay the damages suffered by the respondent as a result of the taking and detention of, and any injury to, the property and the costs of the action.
In lieu of the bond, the movant may deposit with the clerk of the court cash in an amount equal to twice the approximate value of the property.
If the movant is indigent, the court may, on motion of the movant or on its own motion, waive the bond required by this section, or may set the bond in a lower amount, as fairness requires.
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.