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:
Motion for order of
Affidavit as to default and value of personal property;
Bond (Can be filed along with the order of possession);
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]).
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:
Name of the parties and the court in which the action was sought;
description of the property to be seized that is sufficient to enable the
levying officer to identify it;
The location of the property, if known;
A commandment to the levying officer to take the property after the order has
taken effect and deliver it to the movant;
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.
All orders of possession are conditioned upon movant posting a bond twice
the value of the chattel listed in the motion, complaint or affidavit.