Small Claims Court in Cuyahoga County

In Cuyahoga County, OH small claims cases are filed in the Division Court. Cuyahoga County has one Division Court that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Cuyahoga Court System.

Small Claims Court

The Small Claims Division was created by the Ohio General Assembly in 1967 through Chapter 1925 of the Ohio Revised Code. It was designed to offer a quicker, less formal, and more affordable way for individuals to pursue claims for smaller amounts of money. Currently, the maximum amount you can claim is $6,000, not including interest and court costs.

You don’t need an attorney to file a small claims case, but if you choose not to hire one, you are fully responsible for handling the filing process yourself.

A filing fee of $37 is required when you submit your claim, and if you’re suing more than one person, there’s an additional $7 fee per defendant. The defendant must live or do business in Cuyahoga County.

When filing your claim, be sure to provide the full names and addresses of all defendants and bring proof of your claim, like paid receipts or written estimates of damages or loss that match the amount you’re requesting. While this documentation isn’t needed when you file, you will need to present it at the hearing.

If you’re filing against a business, it’s a good idea to check with the Ohio Secretary of State to confirm the correct business name, the owner’s name, and whether the business has an attorney or agent representing it.

Our clerks are available to help you with your claim during regular business hours, Monday through Friday. To ensure enough time for assistance, please arrive by 3:30 p.m. If you’re filing by mail, include additional copies of your claim for all parties involved, your payment (cash, check, or money order), and a stamped, self-addressed envelope so we can send you a copy with your hearing date and payment receipt.

Cases Handled

The Small Claims Division handles cases where individuals, partnerships, corporations, or sole proprietors are suing each other over monetary disputes. Some common reasons for filing these lawsuits include:

• Tenant/Landlord disagreements
• Personal injury claims
• Stolen or damaged property
• Debt collection
• Issues with auto repairs
• Poor quality construction work
• Defective products
• Breach of contracts or unfulfilled verbal agreements

How to File a Case

You can file a case at the Clerk of Court’s office during regular business hours. For small claims cases, forms and brochures are available at the Clerk of Court's office or online here. Be sure to check the Civil Fees section for details on the costs associated with filing your case.

If You've Been Sued

If you've received a complaint and summons, carefully read the summons as it will outline what steps you need to take to dispute the claim. In a small claims case, the summons will specify the date and time you need to appear in court. For cases filed in the general division, you typically have 28 days from the date you were served to respond. If you fail to appear or respond, the court may enter a default judgment against you.

Counterclaim

All counterclaims, cross-claims, and third-party complaints must be filed with the Clerk of Court's office at least seven calendar days before the scheduled trial date. Note that the seven-day period does not include the trial date itself. If you need to file these documents after the deadline, you must request and obtain permission from the court. Any untimely filings will be removed from the case file. The Clerk of Court will serve these documents in the same way as the original complaint.

Filing Subpoenas

All subpoenas for a small claims case must be filed at least seven calendar days before the trial date. Note that the seven-day period does not include the trial date itself.

Filing Pretrial Motions and Discovery

Any pretrial motion must be filed at least seven calendar days before the original scheduled hearing date, excluding the trial date itself. A time-stamped copy of the pretrial motion should be delivered to the chief magistrate on the day of filing.

Parties in small claims cases can request discovery, which is limited to interrogatories and/or depositions. Discovery requests must be made by motion at least seven calendar days before the trial date.

Initial Hearing and Mediation

In the Small Claims Division, the initial hearing on the case will be conducted by a magistrate assigned by the court under Rule 53(C) of the Ohio Rules of Civil Procedure. In contested cases, the magistrate will first offer mediation as an alternative way to resolve the dispute before proceeding with a court hearing. If both parties agree to mediation, the case file will be transferred to a mediator. If mediation is not agreed upon or fails, the case will continue to a hearing on the merits before the magistrate.

Before the trial begins, the magistrate or another court officer will administer an oath to the parties and witnesses. The Ohio Rules of Civil Procedure will apply, except where stated otherwise, and the Ohio Rules of Evidence do not apply as per Rule 101(C)(8) of the Ohio Rules of Evidence.

Going to Court

Courtroom Conduct and Dress Code

• Everyone entering the Justice Center is subject to a search and is expected to behave respectfully in the Cleveland Municipal Court. This means showing respect for the law, the judge or magistrate, all parties involved, attorneys, deputy bailiffs, and court staff.
• Appropriate attire is required, including shoes and shirts. Hats, caps, and sunglasses are not allowed in the courtroom. Avoid wearing potentially inappropriate clothing such as shorts, cut-offs, tank tops, midriff tops, tops with exposed shoulders, or clothing that shows undergarments.
• All electronic devices, including cell phones, pagers, electronic games, and reading devices, must be turned off. Eating, drinking, smoking, reading, and talking are not allowed in the courtroom.
• Parties must refrain from having any contact with the other party or their witnesses, both inside and outside the courtroom.
• Violating these rules of decorum may result in removal from the courtroom, hallway, or entryway by security personnel.

Can’t Make It to Court

If you can't attend your court date, you can request a continuance, which is a postponement of the hearing to a later date. To do this, you must submit a written request to the Court. Additionally, you need to serve a copy of this request to the opposing party. Keep in mind that just filing a request doesn’t guarantee it will be granted. The hearing will only be rescheduled if the Court approves your continuance request.

Attorney

You can represent yourself in court as an individual. However, only an attorney licensed to practice law in Ohio can represent someone else in court—a power-of-attorney doesn’t allow you to do so.

If you're representing an entity (like a corporation), an attorney is generally required. The exception is in small claims cases, where a non-lawyer can appear on behalf of the entity to present evidence. However, this person cannot act as an advocate, meaning they can't examine or cross-examine witnesses or present legal arguments.

Small Claims Division Fees

• Small Claims Complaint: $100.00
• Each Additional Defendant: $15.00
• Objection to Magistrate's Decision: $30.00
• Small Claims Counterclaim: $40.00

Court Refund Filing Fees

Once paid, court costs are generally not refundable, even if you dismiss the case later. However, if you win the case, you’re typically entitled to recover not just your damages, but also the court costs.

Magistrate’s Decision

• Under Rule 53 of the Ohio Rules of Civil Procedure, the magistrate is responsible for preparing, signing, and filing a decision for each matter referred to them. This decision will be filed with the Clerk of Court, and copies will be sent to all parties or their attorneys.
• If a party requests findings of fact and conclusions of law under Rule 52 of the Ohio Rules of Civil Procedure, or if these findings are required by law or the order of reference, the magistrate’s decision will include these proposed findings and conclusions. If such a request is made after the magistrate’s initial decision is filed, the magistrate will issue an amended decision containing the findings and conclusions within the time guidelines specified in Local Rule 8.04.
• Filing a request for findings of fact and conclusions of law will automatically stay the execution of any judgment in the case. This stay remains in effect until an amended magistrate’s decision with the requested findings and conclusions has been filed with the Clerk of Court.

Filing Objections to a Magistrate’s Decision

• To object to a magistrate’s decision, file your objections within fourteen (14) days of the decision being filed with the Clerk of Court and pay any necessary costs. Serve copies on all parties and include proof of service. If you file objections, other parties can file theirs within ten (10) days, and any party can file a brief in opposition within fourteen (14) days.
• If you requested findings of fact and conclusions of law, the time to file objections starts when the magistrate issues the amended decision with these findings.
• Objections must be specific and include a transcript or affidavit of evidence unless the court waives this requirement. The court may disregard evidence not submitted to the magistrate unless you show it was not reasonably discoverable before the original hearing.
• If the court finds merit in the objections, it may modify the decision, hear additional evidence, or order a new trial. If not, the court will overrule the objections and enforce the original judgment.

Collect

After winning a civil judgment, it's up to you to take action to collect the money you're owed. Common methods for collecting include garnishing the debtor's wages, attaching funds from their bank account, or filing a judgment lien against their property.

Assistance with Collecting Judgments

• The Clerk of Court’s office can help unrepresented prevailing parties with collecting judgments in the Small Claims Division. They can assist in preparing and filing forms needed for enforcing judgments.
• The court may allow the judgment, interest, and costs to be paid in monthly installments and may stay the execution of the judgment during this period. This stay can be modified or lifted at any time.
• If the judgment remains unsatisfied within thirty (30) days after it is issued, and the parties have not reached an agreement, the court can order the judgment debtor to disclose all assets, liabilities, and earnings using a Writ of Examination form. This form will include a notice that failure to return it within one week may lead to a contempt citation. Willful non-compliance with this order can result in a contempt citation under Ohio Revised Code Chapter 2705. Note that the Writ of Examination must be filed by the judgment creditor and cannot be filed by an attorney.

Courthouse Location:

Cuyahoga County Court House

1219 Ontario St.
Cleveland, OH 44113
(216) 664-4790
https://www.cuyahogacounty.gov/coc

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.
• Saturday 9:30 a.m. to 12:30 p.m.

Let Squabble Help You With Your Small Claim at Cuyahoga County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Cuyahoga County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.