What Is a Small Claims Court in Ohio?
The small claims court is a branch of the Ohio court system designed to give state residents a more informal and cost-effective way of pursuing lawsuits. With its flexible procedures, the Ohio small claims court provides convenient access to the court system for people who have civil issues involving small amounts of money. The Ohio General Assembly created the small claims division in1967, with the enactment of Chapter 1925 of the Ohio Revised Code.
The small claims court in Ohio can only hear money claims. The court cannot order a defendant to perform any other act than paying a certain sum of money to an injured party. Thus, most entities filing cases in this court are required to quantify any losses sustained due to a defendant's activities. As a result, most cases heard in small claims court involve breach of contract disputes, loan defaults, tenant claims for security deposits, landlord claims for unpaid rent or property damage, worker claims for unpaid wages, etc.
The court lacks jurisdiction for acts such as libel, slander, repossession, malicious prosecution, issuing restraining or protective orders, issuing injunctions, and any other type of litigation that does not entail actual monetary damages. It also has no jurisdiction over claims brought against state agencies or the federal government and its agencies.
How Does the Ohio Small Claims Court Work?
The small claims court in Ohio has simpler procedures than other courts in the Ohio court system, since it was created to resolve minor disputes fairly, swiftly, and affordably. Court hearings are informal and held without a jury. Pursuant to Local Rule 7.01, cases in the small claims court are heard by a municipal/county court judge or by a magistrate (a qualified attorney appointed by the judge). Regardless of who presides over the case, any judgment delivered in this court division has the same force and effect as any other court's judgment.
The court's simplicity makes it easier for people to settle issues without attorneys. Therefore, most parties choose to represent themselves. Still, anyone can hire an attorney to represent them in a small claims court. Although small claims lawsuits are similar to conventional civil suits, the amounts at stake, including attorney fees, are usually insufficient to justify the expense of regular court proceedings. Hence, the court fees are cheaper than in other matters handled by the state courts.
Various entities may sue or be sued in Ohio's small claims division. Individuals (adults and minors), corporations, partnerships, unincorporated associations, and governmental subdivisions are examples of these entities. Children under eighteen may file or defend their cases through a guardian ad litem (usually a parent or legal guardian), and partnerships may file and be represented by a general partner. An official, an employee, or an attorney at law may file on behalf of a corporation, unincorporated association, or political subdivision.
Any entity choosing to self-represent must note that, although small claims court proceedings are somewhat flexible, substantive rules of evidence still apply to court hearings. Nonetheless, the court may accept evidentiary documents such as estimates, bills, or other statements that attest to or prove the claimed loss and damage. However, litigants are not permitted to engage in advocacy activities such as cross-examining witnesses in court or presenting arguments. Hence, before filing any claim with the court, parties are advised to seek legal counsel.
How to Take Someone to Small Claims Court in Ohio
Before suing an entity or filing a small claims suit in Ohio, there are a few essential rules to note:
- In the small claims court, the maximum sum that can be recovered is $6,000.
- The plaintiff (the filing party) must know the address of the entity against whom the lawsuit is being filed (the defendant).
- A parent/legal guardian must file for an underage plaintiff. Any entity wishing to sue a minor must go through a parent or legal guardian as well.
- The suit must be filed in the small claims division of a municipal court or county court that has jurisdiction in the case. In a small claims lawsuit, more than one court can have jurisdiction over a case. For instance, the courts located where a defendant lives, has a place of business, or where a transaction or an inciting event occurred may all have jurisdiction.
Before filing the claim
Typically, before filing a claim, parties are advised to attempt to resolve the case out of court. The plaintiff may do so by sending a certified letter with a return receipt requested to the defendant(s). The letter should include a summary of the claim and the requested amount of money. After reading this letter, the defendant may decide to pay or make a reasonable settlement offer.
Alternatively, small claims lawsuits can be avoided using mediation. Mediation is a non-judicial, informal method of conflict resolution that allows the parties to reach a mutual settlement with the help of a skilled mediator. The court may refer cases to mediation, or the parties or counsel may request it. The court will typically recommend mediation over litigation because it takes less time, is less expensive, is less confrontational, and is more confidential. If these efforts fail to assist these parties in reaching an agreement, a lawsuit can be filed.
How to file the claim
An individual can begin a lawsuit by filing a formal statement of claim with the small claims court. The statement must contain the following:
- A description of the claim and value.
- The defendant's full legal name (and business name, if applicable), address, and phone number. The action could be dismissed if the plaintiff sues the wrong person.
- A list of evidence that supports the claim. (Some courts in Ohio may require the plaintiff to file the evidence as part of the claim.)
- The names and addresses of witnesses.
This claim must be filed with the appropriate filing fee, usually $49. Following the filing of a claim, the court will notify the defendant in writing that they are being sued. The case cannot proceed until the defendant has been served (received a summons). The plaintiff must offer a valid address for the defendant. This legal notice must be issued or served on the defendant(s) by certified mail to their home or business address. After filing, a return receipt signed by anybody 16 or older will qualify as proof of service, and the lawsuit can proceed. The suit cannot proceed until the plaintiff accomplishes service. The court will fix a hearing within 15 to 40 days of the filing date.
Parties unable to pay the filing or service fees and costs can file an affidavit of indigency with the court, requesting that the fees be waived. If the plaintiff wins the lawsuit, the court fees may be recovered with interest. Along with a demand for damages and interest, the winning party may ask for reimbursement of the court costs.
How Much Can You Sue For in Ohio Small Claims Court?
The state legislature passed a bill in 2016 that increased the jurisdictional limit of Ohio's small claims courts from $3,000 to $6,000, excluding interest and court expenses. These claims must be for money only. Parties would have to file in the normal division of the municipal court for more significant claims, which are usually limited to $15,000 in value.
How to Defend Yourself in Ohio Small Claims Court
An Ohio small claims court will send an official notice to a defendant (person being sued) upon any small claims lawsuit filing. The notice and its attachments will reveal the plaintiff's name and address, the basis and amount of the claim, the name of the hearing court, and the date and time the parties must come to court to settle the matter.
The defendant will also receive instructions on responding to the plaintiff's claim in the official notice from the court. The defendant has three options:
- Pay the claim and settle the case without a court hearing if they believe the plaintiff's claim is fair.
- Transfer the case to the regular civil division of the municipal court.
- File a counterclaim against the plaintiff if the plaintiff's claim is unfair.
If the plaintiff filed a claim against numerous defendants, a defendant might file a cross-claim against one or more of the other defendants. They may also file third-party claims to include some parties to the action. Third-party claims must include the full name and address of any party who will be brought into the claim, as well as the reasons for bringing them. Defendants may contact the court to inquire about how to bring such claims.
Counterclaims and cross-claims must be filed with the same court as the initial claim and at least seven days before the hearing. All parties involved in the new claims must be formally notified (served). If the defendant files a counterclaim and prevails in court, the plaintiff will be obligated to reimburse the defendant.
If the matter is transferred to a municipal court, the court procedures will be more formal than that of the small claims court, making it inadvisable to advance without an attorney.
How Long Do You Have to Take Someone to Small Claims Court in Ohio?
Civil matters brought to the Ohio small claims courts have deadlines termed "statutes of limitations." These time limits ensure that:
- Plaintiffs cannot threaten lawsuits endlessly,
- The integrity of evidence is protected (including eyewitness testimonies), and
- Disputes are resolved quickly.
The statute of limitations is crucial in small claims cases because if a lawsuit is filed after a deadline has passed, the court will dismiss it regardless of whether the claim is valid. However, the court may allow a case to proceed even if the deadline has passed in particular cases. For example, where the defendant has committed some type of fraud.
In Ohio, civil statutes of limitations impose a 2-year limit on cases of personal injury and property damage, an 8-year limit on written contracts, a 6-year limit on oral contracts, and a 6-year limit on debt collection proceedings. In addition, there is a 21-year limit on judgments.
What Happens If You Don't Show Up for Small Claims Court in Ohio?
Any party in a small claims lawsuit who does not show in court on the scheduled date will automatically lose the case, regardless of how valid their claim is. If a party fails to show up for a hearing without offering a solid explanation, the judge will decide in favor of the party who is present at the scheduled hearing.
As a result, any party who cannot attend the scheduled hearing is advised to notify the court immediately. In most Ohio courts, the party must submit a formal request to postpone the hearing date in person, by mail, or fax. Then, a new hearing date may be set.
What are Small Claims Court Records in Ohio?
Small claims court records in Ohio refer to all records connected to small claims civil actions. These records are kept by the court clerk and comprise docket information, the pleadings and motions of the parties to a lawsuit, court decisions and orders, evidence submitted in court, and other information.
The Ohio Open Records Law guarantees the right of the state residents to request and inspect these records as a basic right. As a result, individuals can obtain parts or all of these records from the state courts that maintain them. However, the court may limit access to some documents if disclosure may cause harm to a case party or infringe on an individual's rights.
Where Can I Find Ohio Small Claims Court Records?
In general, Ohio courts generate, collect, store, and share Ohio court records with members of the public. Many of these courts have websites that feature online search tools. Inquirers can access civil court records generated in the small claims court with these features.
Individuals interested in obtaining court records can also go to the courthouse where a case was addressed and submit a written request to the court clerk (or use a request form if available). Requesters may be charged a small fee for copies of these records. They may refer to the Ohio judiciary's website to find the court locations and contact information.
These court records may also be accessible online, as the judiciary website has a large online repository of court documents. However, visiting the courthouse is still a better option for obtaining whole documents.
