When a debtor defaults on a secured loan, you may be able to repossess the property. However, you may not be able to simply go get the property that is yours or that you have an interest in.
If the debtor does not return the property, you may have to take further legal steps by filing a replevin action.
Before you file
Before you file the replevin action, you must first inform the debtor in writing that he or she should return the property to you. Include a reasonable and specific deadline, and make a copy of the letter for your records. Do not take any action until after the deadline.
In the motion
The replevin action is a written motion to the Ohio court asking for an order of possession. In the action, you are the movant and the debtor is the respondent. You must fill out specific forms that the court provides and include the following information:
- Your interest in the property
- A specific description of the property and its location
- The approximate value of the property
- The way that the respondent acquired the property
- The reasons the respondent’s retaining of the property is wrongful
You should also describe the ways the respondent has used the property if you have been able to determine this.
Where to file
You file the action in the municipal, county or common pleas court of the county where the property currently is, or you could file in the county where the respondent lives. If the property value is greater than $15,000, you must file the action in the appropriate common pleas court.