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 order, to the effect that, should judgment be issued against the movant, the movant will return the property taken or pay the value so assessed, at the election of the respondent, and also pay the damages suffered by the respondent as a result of the taking and detention of, and any injury to, the property and the costs of the action.

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Terms Used In Ohio Code 2737.10

  • Bond: includes an undertaking. See Ohio Code 1.02
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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

In lieu of the bond, the movant may deposit with the clerk of the court cash in an amount equal to twice the approximate value of the property.

If the movant is indigent, the court may, on motion of the movant or on its own motion, waive the bond required by this section, or may set the bond in a lower amount, as fairness requires.

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