In Ohio, each county or municipal court has a small claims division.Most people can handle a small claims case on their own, even though you can be represented by an attorney.If you want to file a small claims lawsuit in Ohio, you need to have a total of $3,000 or less.
Step 1: It's time to resolve the dispute.
Before you file a small claims lawsuit, you may want to send a written demand letter to the other party.Small claims courts don't require proof that you sent the letter.It may save you a trip to the courthouse.Explain the basic facts of the dispute, the amount you believe the person or business owes you, and why you think you are entitled to that money in your letter.Provide the person with your contact information and a deadline to respond to your letter before you file your lawsuit.Make a copy of your letter and mail it with a returned receipt so you know when the person gets it.
Step 2: Make sure you have the correct court.
The court that you file your lawsuit in must have jurisdiction over both the person you're suing and the subject matter of your case.If the incident that led to your claim happened in the city or county where the court is located, a particular small claims court has jurisdiction.Regardless of where the incident that gave rise to your claim took place, the court has jurisdiction over one or all of the people who live in the county or city where it is located.The court in the county where the business is located has jurisdiction when it comes to lawsuits.It is possible that you could file your claim in several different courts.You can choose which court is more convenient for you when this is the case.If you're unsure about the territorial boundaries of a court's jurisdiction, especially if there are two courts in relatively close proximity to each other, you should call the clerk.You can only seek money in small claims court.The general court of common pleas is where you must file your lawsuit if you want to get a court order.A restraining order can't be issued by a small claims court.
Step 3: The statute of limitations can be checked.
You can't sue someone for damages after the deadlines in Ohio state law.The statute of limitations for most small claims lawsuits is two years from the date of the incident that gave rise to your claim.You can have as long as 15 years from the date of the breach to file a lawsuit.If it's only an oral contract, you have six years to file a suit.
Step 4: You can get information about the person.
If you want to file a claim in small claims court, you need the correct legal name and address.A corporation, a limited liability company, and certain partnerships can be sued in small claims court.If you want to file a lawsuit, you need to know how the business is organized.You can do this by visiting the Ohio Secretary of State's website or calling the office.If you want to file a lawsuit, you need to know if the person is on active military duty.If the person is currently serving in the military, there are certain rules that must be followed to comply with federal law.You must have a full legal name and address in order for notice to be delivered.If the court can't give you notice of the claim against the person you're suing, your lawsuit cannot proceed.
Step 5: You can get forms for the small claims court.
The fill-in-the-blank forms you can use to file your claim can be found in each small claims court.If the court in which you plan to file your claim has forms available online for download, it's a good idea to get a copy of these forms ahead of time so you understand the type of information you will need and can find it before you begin.You should call the court where you plan to file your claim to find out what the fees are and if any additional information is required.
Step 6: Information about the dispute should be gathered.
Take a moment to gather any evidence you need to support your argument before you fill out your small claims forms.If you want to subpoena witnesses to testify for you in your dispute, make sure you have their full legal names and phone numbers, as well as an address where they can be served with a subpoena.You should make copies of any documents you plan to file with the court.The court clerk can tell you if you have to file originals or copies.
Step 7: You need to fill out the forms.
If you want your claim to be heard in small claims court, you must fill out the forms completely and accurately.You should clearly state the nature of your dispute.Attach documents if necessary if you want to stick to the facts of the case.If you fill out the form by hand, make sure your handwriting is legible.The amount of your claim must be stated.You must state this on your claim form if you want to include interest and reimbursement.The amounts do not go towards the calculation of the maximum for small claims.Some courts require a cover sheet or other forms in addition to the claim form.When you file your forms, all of these forms should be included.You should make copies of your forms before you file them.Since the clerk will keep the originals for the court's files, you will need to deliver a copy to the person you're suing as well as an additional copy for your records.
Step 8: You can file your forms with the clerk.
To initiate your action, you must file your forms with the small claims court.The clerk will schedule an initial hearing for your claim when you file your forms.The date is usually between 15 and 40 days after you file your claim.Depending on the court in which you file, filing fees vary.You should call the clerk's office ahead of time if you don't know what the fees are, but expect them to be around $100.If you can't afford the fees, you may be able to have them nixed.Information about your finances, including your income and assets, must be disclosed in an affidavit.You won't have to pay court fees if the court accepts your affidavit.If you win, you can add court fees to your claim and have them reimbursed.You have to state on your claim form that you want reimbursement of court fees.
Step 9: The defendants should be served.
Legal notice is required for you to file a claim against the person.The court will usually take care of service for you by mailing your claim forms along with a summons to the person or business you're suing.Legal proof of service is the return receipt.Personal service by a sheriff's deputy is one of the methods of service.The cost of one type of service for up to three defendants is included in your filing fees.
Step 10: Wait for the answer from the other party.
The defendants are required to submit a written response to the claim.If the defendants have any claims against you, they may include them in the response.It's possible that those claims are connected to an incident that gave rise to your claim.You can file a lawsuit against your former roommate for not paying rent and utilities, or he can argue that you damaged his personal property.If the defendants don't have any counterclaims, he or she can file an answer anytime within seven days of the hearing date.
Step 11: Do you want to use mediation?
There are many courts in Ohio that can help you resolve your dispute without going to trial.mediation may be required by some courts before a court hearing.When you file your claim, the court clerk will let you know if mediation is required.The mediation hearing is less formal than a small claims court hearing because the mediation works with you and the defendants to reach a compromise on the claim.If you go to court, the proceedings will be a matter of public record.You must give the court written notice that the case has been settled if you settle your claim before the hearing.The court will dismiss the case after entering the settlement.Before you file your claim, you may want to consider using a mediation service.If you aren't able to reach a settlement, you can always file a claim after the session.
Step 12: Take care of your witnesses.
If you plan on calling witnesses to testify on your behalf, you should make sure they understand why you're asking them and the types of questions you will ask them.To make sure they're willing to testify for you, be sure to talk to them.If you force a witness to come when they don't want to, they may do you more harm than good.Take some time to find out what witnesses know and how they will respond to questions.If you don't know what the answer will be, you should not ask a witness question at the hearing.You should keep in mind that the person you're suing will be able to ask questions to any witness you call to the stand.Sometimes a witness may be unwilling to testify unless required to do so, or may need proof that his or her absence from work is excused.You can ask the clerk to issue a subpoena.If you have the wrong name and address, the subpoena can't be delivered.
Step 13: You need to organize your evidence.
Make sure you have all your evidence together and arranged so that you can find what you need quickly and with minimal disruption to the court.In order to present a cohesive statement to the court, you should have an outline of the events that led to your dispute.You can organize your facts and evidence in chronological order.Before your hearing date, check with the court clerk to find out how many copies of each document you'll need.You have to have at least one copy for the court and one for yourself.Make sure your evidence is allowed by the court.Affidavits from witnesses are not allowed.The court prefers witnesses to be present in the courtroom and give live testimony so they can be cross-examined by the other side.Before the hearing, make sure to check with your witnesses to see if they will be there.It is possible to meet your witnesses at a central location the morning of the hearing and then travel to the courthouse with them.
Step 14: You have to appear on your hearing date.
If you arrive at the courthouse at least 30 minutes early, you have time to go through security and find the courtroom where your hearing will be held.If you don't show up for your hearing, your claim will be dismissed regardless of how strong your arguments are and how much evidence you have.If the defendants don't show up, you can win your claim by default.You will have to prove to the court that you are entitled to a certain amount of money.If your case is going to be heard that day, you should sit in the court's gallery and wait until your name is called before entering the courtroom.It's a good idea to dress in clean, conservative clothing.Tank tops and flipflops are not appropriate for court because you don't have to wear a suit.
Step 15: You should present your case.
You will usually be called upon to talk about the claim first since you initiated it.The facts of your case should be told in a brief and organized way using the outline you prepared.You can enter evidence when you reach certain points.Proceed to your next point.Don't get into an argument with the person you're arguing with or speak directly to them while you present your case.If you are nervous, try to speak slowly and clearly.If the magistrate asks you any questions, stop what you're saying and answer as completely as you can.
Step 16: Listen to the other side.
The person you're suing will have the chance to present his or her defense after you finish presenting your case.You can disagree with the facts or statements presented by the defendants.He or she could lie.It's important that you don't argue or lose your temper.If you have proof of your claim, the court will be able to tell who is in the right.You can cross-examine the witnesses if they have any.Pay attention to the testimony and take notes if you want to ask questions, but don't interrupt the questioning of the witnesses.
Step 17: Receive the decision of the court.
The magistrate will rule on whether you are entitled to the money you've claimed after both sides have finished their presentations.The decision can be made immediately after the hearing is over, or later in the day, when the evidence and paperwork have been looked over.When the decision has been entered, you will be notified by the court.You have to collect your judgement if the court rules in your favor.You can fill out the forms at the clerk's office.You have 14 days after the decision is entered to file a written objection.You can fill out the forms at the clerk.