An individual will need to file their lawsuit against a company in Ohio on the appropriate jurisdiction. This means that the lawsuit will need to be filed in the proper court, for example, state or federal court. Once an individual determines the proper court, they will file a petition or complaint.
In 1975 with the passage of the Court of Claims Act by the General Assembly, Ohio consented to be sued and have its liability determined in the newly established Court of Claims. Under the Act and with a few exceptions, the same rules of law apply in suits against the state as in suits between private parties.
Cases seeking more than $10,000 are assigned as judicial cases, and a single judge may hear and decide on any civil action in this category. However, the state or claimant may apply to the court for a panel of three judges to hear the case.
To collect your judgment through a bank account attachment, complete the following three steps: Find out the name of the Judgment Debtor's bank, the bank's address, and the Judgment Debtor's account number. Obtain and complete the OTW Garnishment Packet. File the "OTW" Garnishment Packet with the Clerk of Court.
Except for motions made during a hearing or during trial, motions are required to be in writing. They must also be filed in court and served on the opposing party's attorney (or the party if not represented by counsel).
Small Claims Complaint. Fill out the complaint form by writing the Plaintiff(s) and Defendant(s) names address, phone number and e mail address in the appropriate area on the form. The additional spaces are for multiple parties and should be left blank if there are no other parties.
To respond to the complaint, you will need to file an Answer. If you will look at the SUMMONS, which often is the first page of the papers received from the Court, you will notice that it demands that you Answer the Complaint within 28 days after you are served with the Summons.
A party may move for a definite statement if the pleading is so vague or ambiguous that the party cannot reasonably prepare a response. The party must make the motion before filing a responsive pleading and it must include the defects and details desired. (Ohio Civ. R.