Small Claims Court in Franklin County

In Franklin County, OH small claims cases are filed in the Municipal Court. Franklin County has one Municipal 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 Franklin Court System.

Small Claims Court

The Small Claims Division in Ohio was set up in 1967 to help people quickly resolve disputes involving amounts up to $6,000, not including interest or court costs. You can file a claim on your own, without needing a lawyer, but you'll have to handle everything yourself.

The filing fee is $37, and if there are additional defendants, it’s $7 for each one. The defendants should either live or operate their business in Cuyahoga County, so make sure to provide their names and addresses. You'll also need to gather proof of your claim, such as receipts or estimates, which you’ll present at your hearing.

All complaints and pleadings should be submitted to the Clerk of Court's Civil Division, which is located on the 3rd floor of 375 S. High St. For more detailed information about the filing process, you can continue reading here. Additionally, our Self Help Center is available to assist you both online and in person at 375 S. High St., 16th Floor, Columbus, OH 43215.

If you choose to file by mail, don’t forget to include extra copies of your claim, your payment, and a stamped self-addressed envelope for your hearing date and receipt.

Cases Handled

The Small Claims Division addresses financial disputes among individuals, partnerships, corporations, and sole proprietors. Some common reasons people file lawsuits in this division include:

• Tenant/landlord disagreements
• Personal injury claims
• Stolen or damaged property
• Debt collection issues
• Problems with auto repairs
• Poor quality construction work
• Defective products
• Breach of contracts or unmet verbal agreements

How to File a Case

You can file your case at the Clerk of Court's office during regular business hours. For small claims, forms and brochures are available both at the office and online. 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, make sure to read the summons thoroughly, as it outlines the steps you need to take to contest the claim. In a small claims case, it will also indicate the date and time you must appear in court. For cases 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 issue a default judgment against you.

Counterclaim

All counterclaims, cross-claims, and third-party complaints must be submitted to the Clerk of Court's office at least seven calendar days before the trial date (not counting the trial date itself). If you need to file these documents after this deadline, you must request permission from the court. Please note that any late 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 prior to the trial date, not including 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. A time-stamped copy of the motion should be delivered to the chief magistrate on the same day it’s filed. In small claims cases, parties can request discovery, which is limited to interrogatories and/or depositions. These requests must also 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 is led by a magistrate appointed by the court, following Rule 53(C) of the Ohio Rules of Civil Procedure. In contested cases, the magistrate will first suggest mediation as a way to resolve the dispute before proceeding to a court hearing. If both parties agree to mediation, the case will be referred to a mediator. If mediation is either not agreed upon or fails, the case will then move forward to a hearing on its merits before the magistrate.

Before the trial begins, the magistrate or another court officer will administer an oath to the parties and witnesses. While the Ohio Rules of Civil Procedure will generally apply, the Ohio Rules of Evidence do not apply in this context, as specified in Rule 101(C)(8) of the Ohio Rules of Evidence.

Going to Court

Courtroom Conduct and Dress Code

Everyone entering the Justice Center must go through a security search and is expected to act respectfully in the Cleveland Municipal Court. This includes showing respect for the law, the judge or magistrate, all parties involved, attorneys, deputy bailiffs, and court staff.

Dress Code:

• Appropriate attire is required, including shoes and shirts.
• Hats, caps, and sunglasses are not allowed.
• Please avoid inappropriate clothing such as shorts, tank tops, or anything that reveals undergarments.

Electronic Devices:

• All electronic devices (cell phones, pagers, etc.) must be turned off.
• Eating, drinking, smoking, reading, and talking are prohibited in the courtroom.

Conduct:

• No contact with the other party or their witnesses is permitted, whether inside or outside the courtroom.
• Violating these rules may result in removal from the courtroom by security personnel.

Can’t Make It to Court

If you are unable to attend your court date, you can request a continuance to postpone the hearing to a later date. To do this, submit a written request to the Court and provide a copy to the opposing party. Keep in mind that merely filing the request does not guarantee it will be approved; the hearing will only be rescheduled if the Court grants your continuance request.

Attorney

You can represent yourself in court, but only an attorney licensed to practice in Ohio can represent someone else. A power of attorney does not give that authority. If you’re representing an entity, like a corporation, you usually need an attorney. However, in small claims cases, a non-lawyer can appear on behalf of the entity to present evidence. They cannot act as an advocate, which means they cannot examine or cross-examine witnesses or make legal arguments.

Small Claims Fees

• Small Claims (1 Defendant): $120.00
• Each Additional Defendant: $20.00

Other Filing Fees

• License Suspension Appeal: $94.00
• Transfer of Judgment from Another Court: $90.00
• Alias Bailiff Service: $20.00
• Alias Certified Mail: $15.00
• Alias Regular Mail: $10.00

Amended and Cross-Complaint Fees

• Amended Complaint & Cross-Complaint (Up to 2 Parties): $43.00
• Counterclaim & Third Party Complaint (Up to 2 Parties): $78.00

Service Fees

• Certified Mail (Additional Service Per Defendant): $15.00
• Bailiff Service (Additional Service Per Defendant): $20.00
• Regular Mail (Additional Service Per Defendant): $10.00

Other Specific Fees

• Appeal/Transcript: $50.00
• Certificate of Judgment: $45.00
• Change of Venue/Transcript: $40.00
• Execution: $60.00

Garnishment Fees

Garnishment - Personal Earnings:

• Total Amount Due $3,000 or Less: $130.00
• Total Amount Due Greater than $3,000: $190.00 Garnishment - Other Than Personal Earnings:
• Certified Mail (Out-of-County): $82.00

Jury and Motion Fees

• Jury Demand: $350.00

Motions (Any Civil Motion Which Would Terminate the Action):

• Summary Judgment, Default Judgment, etc.: $25.00
• Motions to Vacate & Other Civil Motions That Modify a Final Judgment: $60.00

NSF Check and Objection Fees

• NSF Check: $40.00
• Objection to Magistrate Decision: $50.00

Additional Fees

• Order of Sale and Appraisal for Executions: $78.50
• Pay Order: $7.00

Photocopies:

• First Ten Copies: No Charge
• Additional Copies: $0.25 each
• Certified: $1.00
• Exemplified: $3.00

Other Services

• Revivor with Certified Mail or Bailiff Service (1 Defendant): $80.00
• Each Additional Defendant (Revivor): $18.00
• Subpoenas with Certified Mail or Bailiff Service (1 Witness): $10.00
• Transfer to Regular Court Docket: $40.00
• Trusteeship (First 10 Creditors): $60.00
• Writ of Restitution: $40.00

Court Refund Policy

• Court costs are generally non-refundable once paid, even if you later dismiss the case. However, if you win, you are typically entitled to recover both your damages and the court costs.

Magist rate’s Decision

• Magistrate Responsibilities:
  • Prepares, signs, and files a decision for each matter referred to them.
  • Files the decision with the Clerk of Court.
  • Sends copies of the decision to all parties or their attorneys.
• Findings of Fact and Conclusions of Law:
• If a party requests findings of fact and conclusions of law under Rule 52, the magistrate’s decision will include these proposed findings and conclusions.
• If the request is made after the initial decision is filed, the magistrate will issue an amended decision containing the findings and conclusions within the timeframes specified in Local Rule 8.04.
• Stay of Judgment:
• Filing a request for findings of fact and conclusions of law automatically stays the execution of any judgment in the case.
• This stay remains in effect until the amended magistrate’s decision with the requested findings and conclusions is filed with the Clerk of Court.

Filing Objections to a Magistrate’s Decision

• Filing Objections:
  • You must file your objections within fourteen (14) days of the magistrate's decision being filed with the Clerk of Court.
  • Payment of any applicable costs is required.
  • Serve copies of the objections to all parties and include proof of service.
• Timeline for Other Parties: Other parties have ten (10) days to file their own objections if you file objections. Any party can submit a brief in opposition within fourteen (14) days.
• Requesting Findings of Fact and Conclusions of Law:
  • If you requested findings of fact and conclusions of law, the timeline for objections begins when the magistrate issues the amended decision containing those findings.
• Requirements for Objections:
  • Objections must be specific and include a transcript or affidavit of evidence, unless the court waives this requirement.
  • The court may disregard any evidence not presented to the magistrate unless you can show it was not reasonably discoverable before the original hearing.
• Court’s Actions on Objections:
  • If the court finds merit in your objections, it may:
    • Modify the decision
    • Hear additional evidence
    • Order a new trial
  • If the objections are not upheld, the court will overrule them and enforce the original judgment.

Collect Judgment

Collecting a Civil Judgment:

• After winning a civil judgment, it is your responsibility to take action to collect the money owed to you.
• Common methods of collection include:
  • Garnishing the debtor's wages
  • Seizing funds from their bank account
  • Filing a judgment lien against their property

Assistance with Collecting Judgments:

• The Clerk of Court’s office can assist unrepresented prevailing parties in the Small Claims Division with:
  • Preparing and filing necessary forms for enforcement.

Payment Arrangements:

• The court may allow the judgment, interest, and costs to be paid in monthly installments.
• The court can stay the execution of the judgment during this installment period, which can be modified or lifted at any time.

Asset Disclosure:

• If the judgment is not satisfied within thirty (30) days and no agreement has been reached, the court can require the judgment debtor to disclose all assets, liabilities, and earnings using a Writ of Examination form.
• The Writ of Examination will include a notice stating that failure to return it within one week may result in a contempt citation.
• Willful non-compliance can lead to a contempt citation under Ohio Revised Code Chapter 2705.

Filing Requirements:

• The Writ of Examination must be filed by the judgment creditor, not by an attorney.

Courthouse Location:

Franklin County Municipal Court

375 S. High St.
Columbus, OH 43215
(614) 645-6828
https://municipalcourt.franklincountyohio.gov/Courts/Small-Claims

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Franklin 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 Franklin 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.