What is Small Claims Court in Ohio?
Small Claims Court in Ohio is intended to provide quicker and more affordable access to the courts for individuals with limited amounts of money at stake or without ready access to a lawyer to pursue or defend against claims. While the rules are relaxed in Small Claims Court, all litigation is very serious and parties should consult with an experienced litigation attorney as necessary. These small claims complaints typically involve disputes where the amount of recovery sought is under $3,000.00 in the Cleveland area, or $6,000.00 in other areas of Ohio. Small Claims Courts cannot decide all matters. For example, Courts will not hear claims for libel and slander. Small Claims Courts have limited powers, and cannot issue injunctions, restraining orders, or garnishment orders, and the monetary award may not exceed the amount of the claim , plus court costs and a judgment fee. In the Cleveland area, Small Claims Court will not hear claims involving landlord tenant matters and personal injury claims. In addition, under certain circumstances, the Small Claims Court may schedule a hearing, but not have the power to grant the full relief requested, and may refer the matter to the higher court for the relief requested. A plaintiff may ask the Court for money damages (or return of property or actual damages if the property is defective in some way.) The other side is allowed an opportunity to respond, and defend against the claim, as well. In large counties in Ohio, the Small Claims Court is typically separate from the higher Court, but the Court handles many cases. In smaller counties, the Small Claims Court is less formal, and may be a part of the higher Court itself.
How You Qualify to Bring a Claim
To file a small claims suit in Ohio, the person filing the claim must be an adult, otherwise known as an individual who is at least 18 years old. Additionally, a party must be a resident or opening a business in the county where the suit is brought. Corporations and small business entities are also eligible to file a small claims complaint in the county where the business is located. A person or business who is being sued may be able to defend themselves in court by giving evidence and the reasons why they do not believe they owe the debt or money in question. Together with its judicial rules, Ohio Revised Code Chapter 1925 governs the operation of small claims courts.
Preparing to Go to Court
Prepare to navigate the unique landscape of small claims court in Ohio by investing time to prepare your case thoroughly. Here are some crucial steps to help you create a strong case and ensure that you have all necessary documentation.
Collect evidence
Evidence is critical to proving your case, so gather as much of it as possible. In addition to the documents you gathered to file your claim, consider the following types of evidence: Work on organizing this evidence so you can share it easily in court. For example, if you have photos, create a folder for these and have them printed out. This way, you can take them with you without worrying about your device dying or someone deleting them remotely.
Share evidence before trial
Ohio law requires you to share evidence will all parties at least 10 days before trial. Doing this almost guarantees that you get to court on time. If evidence is shared less than 10 days in advance, the court may decide not to let you share it in court.
Prepare to present your case
Before you even walk foot in the courthouse, walk through your presentation step by step. Have a friend or family member sit in as a "judge" and go through every piece of evidence you want to discuss. Ask them to interrupt you and ask questions. Make sure your explanations are clear and that you can answer any questions. If you can successfully present the entire case without any help from them, you’re in good shape and can feel confident you’ll do well when it’s time to actually give your presentation.
Filing Your Claim
You can file in person or most courts will allow you to file online. You’ll need to type a small claims complaint form, and make four copies of it. Then, file the form with the court and pay the appropriate fee. Fee amounts differ from court to court, but generally range from $20 to $100 depending on the amount you are suing for. If you cannot afford the fees, you can file a petition to proceed as a pauper (often called a feepayform).
If you are required to serve a business (LLC/Corporation) including websites, and online retailers/marketplaces, or a government agency you must hire a process server or Sheriff to personally serve it for you. If the Court that your claim is filed in has it available, you may be able to send it certified mail and the post office will return a signed receipt showing who received it when it got there. So, if you take the time to write a short letter attaching your complaint and ask them to sign, date and print their name on the green return receipt card from the post office you can serve them for free! You must file this proof of service with the Court.
If you are required to serve an individual/a business with a president or chief executive officer, or an agent appointed by the Secretary of State in Ohio you can use certified mail, with proof of service returned to the Court. Most of the time you can send a certified letter to an address for that person that you may know of, sometimes one that is public record (like a real estate transaction) will work, but for anyone else it is best to verify this before mailing a certified letter.
Personal delivery is allowed for anyone not listed above. If you have a friend who lives in the area it may be easiest to have them deliver the papers for you, or you can hire a process server.
How to Serve the Defendant
One of the most important things you must do when bringing a case in small claims court is to serve the defendant with the legal papers. Service is how the defendant gets notice of the lawsuit and gets an opportunity to prepare a defense. Without proper service, the court does not have jurisdiction and cannot hear the case.
You may personally deliver the papers to the defendant. If you can hand a copy of the complaint to the defendant, then you are done. (You do not need to hand the defendant a copy of the complaint if the defendant picks it up in your presence or is otherwise in your presence when you hand over the papers.)
If the defendant lives outside the state of Ohio, however, you must serve the complaint by U.S. mail. Send them a copy of the complaint via U.S. mail and also send a notice to the defendant that you have begun the case. In the notice, tell them where and when the court date is set and include a copy of your complaint. (What you send to the defendant does not have to be filed with the court, however.)
If the defendant is a company, you can deliver the complaint to someone in charge at the company’s usual place of business. That person can be in charge either as a corporate officer or by being in charge of what is called "bean-counting."
If you do not know who at the company you should serve, get a copy of the Secretary of State’s list of officers for that company. You get the list by searching the Secretary of State’s database, looking up the company by name, and clicking on "View Filing History." The secretary of state will then show you all of the companies’ filings with it – the people listed as in charge likely will be named in those historical filings.
Finally, if by some chance, it is impossible to serve the defendant yourself, you can ask the court to appoint a sheriff to do the job. If the court will not do that, then you will have to hire a private company to do it. You will need to make sure the company you hire is certified to serve process and to file the proof of service with the court.
Going to Court
The day of your hearing has arrived. Feeling anxious? Don’t worry; it’s natural to feel that way when you finally walk into the court. You will start by introducing yourself to the bailiff and letting her know you are there on such and such a date for a hearing. The bailiff will ask you to take a seat in the back of the room. Then 10 – 15 minutes later you’ll hear the words: "All rise". So you stand up and remain standing until the judge sits down at the bench. You may only have to wait a short while for your case to be called or it may be an hour. The court is not going to make a special accommodation just because you came to court early. It is the price you pay for going through the small claims process without an attorney.
The court is not going to call each case in the order it was filed. Be patient. When your case is called, approach the plaintiff’s table,. Remember, you are the defendant. Your job is to tell the judge why you should win. Have your exhibits with you and be prepared to explain them to the judge.
The judge is going to be brief. He will not be interested in your life history, even if he’s curious. The judge’s job is to size you up quickly to determine if you are worthy of the time it takes for him to listen to your explanation. He’s going to ask: Are you organized? Do you know what your claim is? Do you have evidence to back it up? Even if you’ve never been in court before, you can find a comfortable middle ground between the excess formalities you see in television court cases and the people who shuffle into court in sweat pants and baseball caps . Be yourself. Don’t be cocky.
When you are addressing the judge, do not use "sir" or "ma’am". Just look the judge in the eye, speak clearly and with some conviction. Don’t shout but make sure you can be heard.
Listen carefully. When the judge asks a question, assume he’s looking for a specific answer. You can bank on the fact that the judge is probably looking at the evidence and not really interested in your excuses for not producing it.
Is the judge going to give you time to go get your evidence? That depends on the judge. Sometimes small claims court is backed up and sometimes the judge needs to catch a plane. If the judge says you need to bring your evidence to court, don’t argue. Just find out when the court goes on record to talk about your case and be there.
A few words on answering judge’s questions. When the judge asks you a question, assume he’s looking for a specific answer. Here’s an example: Judge: "So what happened, your Honor?" Answer: "I sold John Doe a used car." Wrong. Answer: "Your Honor, I sold him a 1991 Cadillac Sedan Deville for $800." Right. Whether the judge is being polite or not, act like he is interested in the facts of your case.
Just remember: if you keep the facts straight, you will be able to explain yourself to the judge.
How You Receive the Judgment
Once the court makes a decision, you will receive notice of that decision, called a judgment. If the judgment is in your favor, your opponent will be ordered to pay you the amount claimed, along with interest, and a judgment will be put on record. It is your job to initiate collection efforts if the losing party refuses to pay up, which they often will. This can include garnishing their wages or bank account, putting liens on their property, or collecting by other means.
If the judgment is not in your favor, you do have limited options. First, you can ask for a motion for reconsideration. This is similar to filing a motion. You would specify what information the court should consider to change its decision. Your other option is to file an appeal with the next highest court.
Unfortunately, in Ohio, there is no right to appeal from small claims court to the court of common pleas, (the next highest court). To even request an appeal, you must first pay a $50.00 bond (in addition to the filing fee). They will then determine if an immediate appeal is warranted, based on their consideration of a number of factors. If an appeal is denied, however, you can only appeal that decision after the final judgment is made, not before. If the appeal is granted, the matter may be sent back to small claims court or to the common pleas court.
As for the judgment, you will get a one-time execution. That means a one-time opportunity to collect what is owed to you. If the losing party refuses to meet the court order and pay you, you will be forced to go after them. That means garnishing wages, attaching accounts, and garnishing bank accounts. While that may seem like a lot of work, at least you can request all necessary fees in your initial claim.
How to Collect on a Judgment
Upon receiving a judgment in your favor, you will be ordered to serve your small claims court judgment both to your adversary and the Clerk of Courts. You may charge interest on the amount adjudicated from the date you file your small claims litigation at the statutory rate of 5%. You are entitled to recover from your adversary if he or she chooses to pay the judgment over time and fails to meet his or her payments. If your adversary does not make any payments to you, you are left with the burden of collecting the judgment amount. Small claims court judgments are much like any other decree of a court. Both Courts are bound by law to enforce its orders. You may ask the Court to enforce its order by filing an "Order of Assignment" with the Clerk of Courts. The Order of Assignment will direct the payor of your adversary’s salary, wages, or commissions to withhold from him or her the sum specified in your Order of Assignment, and to pay that sum to the Clerk of Court for distribution to you. If your adversary has other assets, first you must ask the Court to issue a "Writ of Garnishment" ordering the garnishee to withhold a certain sum from the judgment debtor and pay that to the Court for distribution. A "Writ of Garnishment" is a separate purpose form, which should be filled out and submitted. Make sure that you sign your application to vacate the Writ of Garnishment. The "Writ of Garnishment" must be served personally, by certified mail, or for foreign corporations, by regular mail, on the judgment debtor and the garnishee. If sufficient funds are available, the garnishee shall withhold the appropriate amount and pay it to the Clerk of Court each payday until the entire amount is paid. If the garnishee fails to comply with the Order or is unable to do so successfully, then that party will become liable for your judgment. An experienced lawyer can help you with the drafting of these motions and can file them and send them to the appropriate parties. In instances where your adversary does not make any voluntary payments to you, and where garnishment is ineffective in obtaining the balance of the judgment, the Court may appoint a receiver or referee to collect the judgment money due, or issue other orders, as it considers appropriate. However, generally if those listed sources do not work there isn’t much else that can be done. Exceedingly few people have the type of income or assets that lenders can lend against and in effect collateralize the payment of the judgment.
How to Appeal
Most decisions in small claims court are final, however, there are limited circumstances under which a litigant may appeal a decision made by a small claims court judge. In Ohio, a case can be appealed if the court did not correctly interpret the law or if the court abused its discretion in a way that prejudiced a party. An appeal must be filed with a court of appeals within 30 days of the small claims court’s final judgment entry. The party appealing the court’s decision must file a Notice of Appeal, which can usually be acquired through the court of appeals. The timeliness of filing your appeal is important, as an appeal filed after 30 days will likely be dismissed as untimely.
In small claims court, appeals are heard by three appeals judges, not by the court’s jurists. An appeal is typically a reexamination of the original court record, rather than the opportunity to offer new testimony and evidence . Each side is usually given 15 minutes to explain their position in writing and orally to the court of appeals judges. After reviewing all of the evidence, the court will decide whether to affirm the small claims court’s judgment or reverse it. In order to reverse the decision, the court of appeals must have found an error that clearly affected the court’s conclusion in a manner that was unjust. If reversed, the court of appeals will generally return the case to the small claims court with instructions on how the case should be handled in the future. The decision of the court of appeals is final unless challenged in the Ohio Supreme Court. A review by the Ohio Supreme Court occurs only in limited circumstances – generally when the supreme court believes a case could affect Ohio law statewide. Review by the Ohio Supreme Court is discretionary.