This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Replevin With Damages In Ohio
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Replevin is a legal action to ask for the return of your personal property which is being kept from you by another person without your permission. You must own or have a property interest in the property you want returned. The person who has the property must be wrongfully keeping it at the time you file your action.
The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based – in other words, why the filing party is entitled to seize the property that has been taken.
You will not go to jail. You have 21 days to respond to the complaint. However, the 21 days on the clock do not start to run until you are actually served with the summons by the process server.
A replevin case can be filed either in a Municipal Court, County Court or a Common Pleas Court. If the value of the property claimed is more than $15,000, you should file in the Common Pleas Court. Attached are the forms you need to file to begin an action for replevin.
Replevin is the common law cause of action for recovering personal property wrongfully withheld from its rightful owner. This is more commonly associated with personal chattels. Chattels are personal possessions. It's important to understand the potential applications of replevin in a broad range of scenarios.
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
For example, a bank might file a replevin action against a borrower to repossess the borrower's car after he missed too many payments. Replevin can also refer to a writ authorizing the retaking of property by its rightful owner (i.e., the remedy sought by replevin actions).
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Attached are the forms you need to file to begin an action for replevin. These forms must be filled out and submitted to the Clerk of the Court together.Typically, if a trial is necessary to determine the amount of special damages, if any, the trial will be a bench trial rather than a jury trial. Section 2737.03 - Motion and affidavit for order of possession of property. Section 2737.04 - Request for hearing on motion for order of possession of property. 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. What do I need when I send over a replevin order? In a replevin action, a judge can order the other party to return the property to you. It also requires filing an affidavit in the county or district court where the property is. United States Supreme Court and Ohio courts.