Ohio Code 2737.03 – Motion and affidavit for order of possession of property
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 motion shall have attached to it the affidavit of the movant, his agent, or his attorney containing all of the following:
Terms Used In Ohio Code 2737.03
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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. See Ohio Code 2737.01
- Order of possession: means the order issued by a court under this chapter for delivery to the movant of possession of specific personal property pending final judgment in the action. See Ohio Code 2737.01
- Personal property: All property that is not real property.
- Property: means real and personal property. See Ohio Code 1.59
- Respondent: means the party against whom a motion for an order of possession of specific personal property pursuant to section 2737. See Ohio Code 2737.01
- Statute: A law passed by a legislature.
(A) A description of the specific personal property claimed and the approximate value of each item or category of property claimed;
(B) The specific interest of the movant in the property and, if the interest is based upon a written instrument, a copy of that instrument;
(C) The manner in which the respondent came into possession of the property, the reason that the detention is wrongful and, to the best of the knowledge of the movant, the reason, if any, that the respondent may claim the detention is not wrongful;
(D) The use to which the respondent has put the property, as determined by the movant after such investigation as is reasonable in the circumstances;
(E) The extent, if any, to which the movant is or will be damaged by the respondent’s detention of the property;
(F) To the best of the movant’s knowledge, the location of the property;
(G) That the property was not taken for a tax, assessment, or fine pursuant to statute, or seized under execution of judgment against the property of the movant or, if so seized, that it is statutorily exempt from seizure.