Effective: March 13, 1986
Latest Legislation: House Bill 442 - 116th General Assembly
The respondent may recover property taken pursuant to an order of possession of which the property is the subject by filing with the court a bond to the movant, executed by the respondent's surety in the same amount as the bond filed by the movant pursuant to section 2737.10 of the Revised Code, to the effect that, if judgment is issued against the respondent, the respondent will return the property detained or pay the value assessed, at the election of the movant, and will also pay the damages suffered by the movant as a result of the detention of and any injury to the property, and the costs of the action. If the movant has not filed a bond, the amount of the respondent's bond shall be twice the approximate value of the property as stated in the affidavit filed pursuant to section 2737.03 of the Revised Code. If an order of possession has been issued by the court, the respondent also shall provide the levyng officer with a copy of the bond.
In lieu of the bond, the respondent may deposit with the clerk of the court cash in an amount equal to the approximate value of the property.
If the respondent is indigent, the court may, on motion of the respondent or on its own motion, waive the bond required by this section or 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.