Ohio Revised Code Search
| Section |
|---|
|
Section 2735.03 | Oath and bond.
...urety approved by the court, judge, or clerk, execute a bond to such person, and in such sum as the court or judge directs, to the effect that such receiver will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein. |
|
Section 2735.04 | Powers of receiver.
...by lis pendens pursuant to section 2703.26 of the Revised Code. (c) An opportunity is given for a hearing at which all of the parties and persons to whom the notice is given under division (D)(2)(b) of this section may be heard, provided that if no such party or person objects to the proposed sale or requests a hearing within the period provided pursuant to that division, the court may proceed without a hearing. (d... |
|
Section 2735.05 | Examination.
...perty, trade, dealings with others, accounts, and debts due or claimed from it, and as to all other matters concerning the property and estate of the person, partnership, or corporation for which such receiver has been appointed. |
|
Section 2735.06 | Investment of funds by receiver.
...order shall be made except upon the consent of all the parties to the action. |
|
Section 2737.01 | Replevin definitions.
...sion" 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. (E) "Levying officer" means the sheriff, another authorized law enforcement officer, or a bailiff who is ordered by the court to take possession of property and deliver it to the movant. (F) "Occupied dwelling unit" means a structure that is used in ... |
|
Section 2737.02 | Pre-judgment recovery of personal property.
...ecovered in a civil action prior to the entry of judgment, only as provided in sections 2737.01 to 2737.20 of the Revised Code. |
|
Section 2737.03 | Motion and affidavit for order of possession of property.
... 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. |
|
Section 2737.04 | Request for hearing on motion for order of possession of property.
...A respondent to a motion filed under section 2737.03 of the Revised Code may receive a hearing on the motion in accordance with section 2737.07 of the Revised Code by delivering a written request for a hearing to the court within five business days after receipt of the notice provided pursuant to section 2737.05 of the Revised Code. The request may set forth the respondent's reasons for disputing the movant's claim f... |
|
Section 2737.05 | Form for notice of motion for an order of possession.
...g but retain possession of the property until the entry of final judgment in the action by filing with the court, at the office of the clerk of this court, not later than the end of the fifth business day after you receive this notice, a bond executed by an acceptable surety in the amount of $____________ If you do not request a hearing or file a bond on or before the end of the fifth business day after you receive... |
|
Section 2737.06 | Issuing order of possession without hearing.
... on the notice served on the respondent under section 2737.04 of the Revised Code or the time of issuance of an order of possession, whichever is earlier, establishes a reasonable justification for his failure to request the hearing within the prescribed time. If the court grants such a continuance of the hearing, it shall cause the matter to be set for hearing as soon as practicable thereafter, but in no event shall... |
|
Section 2737.07 | Hearing on motion for order of possession of property.
... any hearing other than the hearing set under division (A) of this section and of the date, time, and place of the trial of the action. |
|
Section 2737.08 | Order of possession contents.
...ith the court and a statement of the amount of the bond. (B) In addition to the order of possession delivered to the levying officer, the court may issue an order of possession to the respondent to deliver possession of the property to the movant at the place the court designates and within a time specified in the order, or to file a bond pursuant to section 2737.11 of the Revised Code within that time. (C) The ord... |
|
Section 2737.09 | Execution of order.
...he order to the respondent, or if he is unable to find the respondent, shall leave a copy at the address where the property was detained. |
|
Section 2737.10 | Filing of bond before order of possession is effective.
...les 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 detent... |
|
Section 2737.11 | Recovery of property by filing bond or cash deposit.
...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 ac... |
|
Section 2737.12 | Objections to sureties.
..., but shall not take any further action until the surety is found by the court to be sufficient or is replaced by sufficient surety. |
|
Section 2737.13 | Duty of levying officer after taking possession of property pursuant to order of possession.
.... The proceeds of the sale shall be deposited with the court until the entry of final judgment or dismissal of the action, which entry shall include an order for delivery of the proceeds of the sale to the successful party. The costs to the levying officer of taking possession, storing, or selling the property shall be taxed as costs in the action. |
|
Section 2737.14 | Final judgment to award permanent possession.
...y in which an order of possession has been issued, the final judgment shall award permanent possession of the property and any damages to the party obtaining the award to the extent the damages proximately resulted from the taking, withholding, or detention of the property by the other, and the costs of the action. If delivery of the property cannot be made, the action may proceed as a claim for conversion upon due n... |
|
Section 2737.15 | Proceedings when movant fails to prosecute to final judgment.
... the possession of the property, the amount of which, with costs of the action, shall be awarded to the respondent by judgment of the court. |
|
Section 2737.16 | Order of possession directed to levying officer of county.
...irected to the levying officer of any county within this state. |
|
Section 2737.17 | Officer may use any lawful means to enter any building or enclosure.
... the order, may use any lawful means to enter any building or enclosure, other than an occupied dwelling unit, in which the property described in the order, or any part of it, is contained, if reasonable efforts to obtain voluntary admittance have failed. If the officer enters the building or enclosure to take possession of the property described in the order without first obtaining permission to enter, he shall file... |
|
Section 2737.18 | Action on bond.
...sued in favor of that party is returned unsatisfied, by the filing of a complaint against the surety in the same action in which the bond was filed. |
|
Section 2737.19 | Issuing order of possession without notice or hearing.
...eparable injury if the order is delayed until the respondent has been given the opportunity for a hearing. The court's findings shall be based upon the motion and affidavit filed pursuant to section 2737.03 of the Revised Code and any other relevant evidence that it may wish to consider. (B) A finding by the court that the movant will suffer irreparable injury may be made only if the court finds the existence of ei... |
|
Section 2737.20 | Injunctive relief.
...order, preliminary injunction, or permanent injunction in accordance with the Rules of Civil Procedure. |
|
Section 2739.01 | Libel and slander.
...ed or spoken of the plaintiff. If the allegation is denied, the plaintiff must prove the facts, showing that the defamatory matter was published or spoken of him. In such action it is not necessary to set out any obscene word, but it is sufficient to state its import. |