Ohio Small Claims Forms - Ohio Small Claims Court Forms

Ohio Small Claims Court FAQ Small Claims Ohio

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

What Is a Small Claims Court?

A small claims court is a type of legal forum where people can resolve disputes involving smaller amounts of money, usually under a certain limit, in a quick and informal manner. In Ohio, a small claims court functions similarly, providing an accessible way for individuals to seek justice or settle disputes without the need for expensive lawyers or complex legal processes. It is designed to be user-friendly, allowing people to present their cases in a less formal setting and allowing judges to make simple decisions based on the evidence presented. The court aims to provide a fair and efficient resolution for all parties involved.


Why File a Small Claims Case?

Filing a small claims case in Ohio can be a practical solution if you have a dispute that involves a small amount of money, and you want a quick and inexpensive resolution. Small claims court is designed to handle cases where the amount in question is within a certain limit, typically ranging from a few thousand dollars or fewer. By filing a small claims case in Ohio, you can present your case directly to a judge without the need for an attorney. This can save you time and money, as the process is usually less formal and the filing fees are generally lower compared to other courts. Additionally, small claims court in Ohio aims to provide a fair and accessible way to resolve disputes, making it a convenient option for seeking justice in a straightforward and understandable manner.


Small Claims Court Limits for Each State

In each state, there are limits that determine how much money can be claimed in a small claims court case. These limits vary from state to state. In Ohio, the limit for small claims court is $6,000. This means that if you are suing someone or being sued for an amount that is $6,000 or less, you can take the case to small claims court. Small claims court is designed to handle disputes that involve smaller amounts of money, making it a more accessible option for people seeking resolution.


Small Claims Demand Letter Example

A small claims demand letter is a simple and straightforward way to resolve a dispute in Ohio. It is a written document that outlines the details of the conflict and demands a resolution. For example, let's say you lent your friend some money in Ohio, but they haven't paid you back. You can write a small claims demand letter explaining the situation and requesting that they pay the amount owed. By using straightforward language and stating your case clearly, you can hope to reach a resolution without going to court.


Filing a Small Claims Case in 5 Steps

Filing a small claims case in Ohio is a straightforward process that involves five simple steps. Firstly, gather all relevant documents and evidence supporting your claim, such as contracts, receipts, or photographs. Next, complete a complaint form, which can be obtained from the local clerk of court office or downloaded online. Ensure you provide accurate information about the defendant and a detailed description of your complaint. Then, file the complaint form with the clerk's office and pay the required filing fee. Once filed, you need to serve the defendant with a copy of the complaint and a summons, either by certified mail or through a sheriff's office. Finally, attend your scheduled court hearing and present your case to the judge, ensuring you bring all supporting documents and any witnesses if necessary.