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Section 2737.01 | Replevin Definitions.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly As used in this chapter: (A) “Movant” means a party to an action who has filed a motion for an order of possession of specific personal property pursuant to section 2737.03 of the Revised Code. (B) “Respondent” means the party against whom […]

Section 2737.02 | Pre-Judgment Recovery of Personal Property.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly The possession of specific personal property may be recovered in a civil action prior to the entry of judgment, only as provided in sections 2737.01 to 2737.20 of the Revised Code.

Section 2737.03 | Motion and Affidavit for Order of Possession of Property.

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 […]

Section 2737.05 | Form for Notice of Motion for an Order of Possession.

Effective: May 9, 2000 Latest Legislation: House Bill 495 – 123rd General Assembly (A) Upon the filing of a motion for an order of possession pursuant to section 2737.03 of the Revised Code, the movant shall file with the clerk of the court a praecipe instructing the clerk to issue to the respondent a notice […]

Section 2737.06 | Issuing Order of Possession Without Hearing.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly (A) If a motion for an order of possession has been filed pursuant to section 2737.03 of the Revised Code, the court may issue an order of possession without conducting a hearing if it finds all of the following: (1) The notice, […]

Section 2737.07 | Hearing on Motion for Order of Possession of Property.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly (A) Upon the filing of the motion for an order of possession pursuant to section 2737.03 of the Revised Code, the court shall cause the matter to be set for hearing within twenty days thereafter and the respondent shall be notified in […]

Section 2737.08 | Order of Possession Contents.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly (A) An order of possession issued by the court shall be addressed and delivered to the levying officer. It shall contain all of the following: (1) The names of the parties and the court in which the action was brought; (2) A […]

Section 2737.09 | Execution of Order.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly The levying officer promptly shall execute the order of possession after it has taken effect by taking possession of the property described in the order and by delivering the property to the movant in accordance with the order of possession. The levying […]

Section 2737.10 | Filing of Bond Before Order of Possession Is Effective.

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 […]

Section 2737.11 | Recovery of Property by Filing Bond or Cash Deposit.

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 […]

Section 2737.12 | Objections to Sureties.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly The movant or the respondent may object to the surety of the other by filing with the court within ten days after the filing of the surety’s bond an exception to the sufficiency of the surety. All objections to sureties are otherwise […]

Section 2737.14 | Final Judgment to Award Permanent Possession.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly In an action to recover possession of personal property in which an order of possession has been issued, the final judgment shall award permanent possession of the property and any damages to the party obtaining the award to the extent the damages […]

Section 2737.15 | Proceedings When Movant Fails to Prosecute to Final Judgment.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly When a movant obtains possession of property pursuant to this chapter, but fails to prosecute the action to final judgment, on application of the respondent, the court may order the return of the property and shall assess the damages caused the respondent […]

Section 2737.17 | Officer May Use Any Lawful Means to Enter Any Building or Enclosure.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly Unless the order of possession directed to the levying officer specifies otherwise, the levying officer, in the execution of the order, may use any lawful means to enter any building or enclosure, other than an occupied dwelling unit, in which the property […]

Section 2737.18 | Action on Bond.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly A party may seek recovery of damages awarded pursuant to section 2737.14 of the Revised Code and the costs of judgment execution against the other party’s surety on a bond filed pursuant to section 2737.10 or 2737.11 of the Revised Code if […]

Section 2737.19 | Issuing Order of Possession Without Notice or Hearing.

Effective: March 13, 1986 Latest Legislation: House Bill 442 – 116th General Assembly (A) Upon the filing of a motion for an order of possession, the court may issue an order of possession without issuing notice to the respondent and without conducting a hearing if the court finds that there is probable cause to support […]

Section 2737.20 | Injunctive Relief.

Effective: August 26, 1982 Latest Legislation: House Bill 254 – 114th General Assembly In addition to, or in lieu of, any other relief available under sections 2737.01 to 2737.19 of the Revised Code, the court may grant a temporary restraining order, preliminary injunction, or permanent injunction in accordance with the Rules of Civil Procedure.