REPLEVIN

R.C.2737.01 sets forth strict requirements for the relief of replevin.  A number of forms are required at the time of filing, to wit:

  1. Complaint;

  2. Motion for order of possession

  3. Affidavit as to default and value of personal property;

  4. Bond (Can be filed along with the order of possession);

  5. Notice to respondent containing date of hearing along with "Request for Hearing," forms.  This notice must also contain a statement that the respondent may avoid possession by filing a bond with the court; the amount of the bond must also be included in the notice.  The amount of the bond is twice the value of the chattel listed in the motion, complaint or affidavit.

No's 1, 2, 3 & 5 must be served upon the respondent not less than seven (7) business days prior to date of the scheduled hearing (see 2737.05[C]).

 

          Note:

               

You must obtain the hearing date from the assignment commissioner before filing the notice with the clerk.  Sending blank forms to the clerk with the  complaint will not get the motion for possession scheduled for a hearing.

Pursuant to R.C. 2937.08, the order of possession shall be addressed and delivered to the levying officer.  It shall contain:

  1. Name of the parties and the court in which the action was sought;

  2. A description of the property to be seized that is sufficient to enable the levying  officer to identify it;

  3. The location of the property, if known;

  4. A commandment to the levying officer to take the property after the order has   taken effect and deliver it to the movant;

  5. A statement that the respondent may recover the property taken by filing the bond with the court and a statement of the amount of the bond.

          Note:

All orders of possession are conditioned upon movant posting a bond twice the value of the chattel listed in the motion, complaint or affidavit.

 

 

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