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 by the movant pursuant to section 2737.10 of the Revised Code, to the effect that, if judgment is issued against the respondent, the respondent will return the property detained or pay the value assessed, at the election of the movant, and will also pay the damages suffered by the movant as a result of the detention of and any injury to the property, and the costs of the action. If the movant has not filed a bond, the amount of the respondent’s bond shall be twice the approximate value of the property as stated in the affidavit filed pursuant to section 2737.03 of the Revised Code. If an order of possession has been issued by the court, the respondent also shall provide the levyng officer with a copy of the bond.

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Terms Used In Ohio Code 2737.11

  • 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.
  • 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 respondent may deposit with the clerk of the court cash in an amount equal to the approximate value of the property.

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

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