Small Claims Court in Hamilton County

In Hamilton County, OH small claims cases are filed in the Municipal Court. Hamilton 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 Hamilton Court System.

Small Claims Court

Small Claims is a part of the Hamilton County Municipal Court, as is the case in every county in Ohio. It was established by the Ohio Legislature to make it easier for individuals to resolve disputes involving smaller amounts of money. In Small Claims court, a Magistrate—who is a lawyer appointed by the court—will hear your case. By choosing to file a small claim, you agree to forgo a trial by judge or jury. If you decide you'd prefer to proceed differently, you can dismiss your small claim and refile in the regular Municipal Court division before your hearing date.

Rules for Filing a Small Claims Suit

• Maximum Amount: You can sue for up to $6,000. You cannot split your claim into multiple suits to exceed this limit.
• Address Requirement: You need to know the address of the person or entity you're suing.
• Age Requirement: If you're under 18, your parent or legal guardian must file the suit for you.
• Suing a Minor: To sue a minor, you must do so through their parent or legal guardian.
• Burden of Proof: You must prove your case by presenting more credible and admissible evidence than the other party.
• Hearing Date: The date set for your hearing is considered the trial date.
• Vehicle-Related Claims: For auto accidents or any claims related to vehicle damage, you must provide proof of ownership by presenting the vehicle title in court. Only the vehicle's owner can file this type of suit.
• Representation: Individuals can represent themselves without an attorney. However, if a corporation, company, LLC, partnership, or general partnership is involved, it can only appear in court through an officer of the company. This officer cannot perform cross-examination, argument, or other acts of advocacy, as outlined in section 1925.17 ORC.

Cases Handled

The Small Claims Court handles cases seeking money only. The Magistrate can only award a specific sum of money and cannot compel a defendant to take any other action. You must quantify your damages in monetary terms. Examples of cases include:

• Rent Deposits: If a landlord fails to return your security deposit or provide a detailed damage statement within 30 days, you may claim double damages, provided you followed proper procedures.
• Vehicle Damages: Only the vehicle’s titled owner can file. You need to show the car’s value before and after the damage. The claim amount is the difference between these values.
• Deceptive Sales: Under Ohio’s Consumer Sales Practices Act, you can claim damages if a consumer protection rule was violated, with potential judgments of $200 or triple the actual damages.

The Small Claims Court does not handle issues like libel, slander, or non-monetary disputes.

Cost and Where to File

• Filing Fees: To file a Small Claims case, the minimum cost is $49.00 for one defendant with service by certified mail. If you prefer bailiff service, the minimum fee is $69.00 per defendant. For additional defendants, add $10.00 for each extra certified mail or $30.00 for each extra bailiff service. If you choose certified mail, you can also request an Ordinary Mail Waiver for $5.00 to cover all defendants. Both service methods can be used together if needed.
• Filing by Mail: If you file by mail, send your small claims complaint to the address below. Make sure your signature is notarized, and include a check for the filing fees along with a self-addressed stamped envelope. Do not include the filing fees in the amount you are suing for. If you win, court costs may be added to your judgment. Note that costs are subject to change.
• Payment Methods: You can pay with MasterCard, Visa, American Express, Discover, check, cash, or money order.
• Credit Cards: Must be in your name—no exceptions.
• Checks: Must be in your name, or you need to provide the driver’s license number, date of birth, and state of issuance of the person whose check you’re using.
• Where to File: Small Claims cases are filed at the Clerk of Courts office in the Hamilton County Courthouse, 1000 Main St., Room 115, Cincinnati, Ohio 45202. The office is open Monday through Friday, from 8:00 a.m. to 4:00 p.m.
• Court Date: Your court date will be scheduled about 28 days after you file your claim.

Determine Your Damages

In Small Claims Court, you can only collect money, so it’s crucial to accurately value your claim. Provide estimates and receipts to help the Magistrate assess your loss. If no specific interest rate is set, the statutory rate from the date of judgment may be applied.

Filing Your Case

Ensure you have the correct legal name of the person or business you intend to sue. Suing the wrong party can lead to dismissal of your case or an uncollectible judgment. For example, if you're seeking the return of a rent deposit, sue the property owner, not the resident manager. Similarly, if you’re suing for a repair issue, target the shop owner, not just the mechanic.

Be cautious when suing a business name (e.g., "NM’s Car Repair"). If the business isn’t incorporated under that name, your judgment might not be collectible. For unincorporated businesses (like sole proprietorships or partnerships), sue the owner or partner personally, such as “Joe Sleaze d.b.a. Sleazy Joe’s” (d.b.a. means “doing business as”).

Only sue a corporation under its official name (e.g., "NM Car Repair, Inc."). To verify if a business is incorporated, contact the Ohio Secretary of State at (614) 466-3910. If it is, obtain the name and address of the statutory agent, as the actual corporate name might differ from the business name.

Generally, you should file your suit in the county where the person or business resides or operates.

Counterclaim

The defendant can file a counterclaim against you. If the defendant wins their counterclaim, you will be required to pay them.

Serve the Defendant

A case cannot proceed until the defendant has been properly served with a summons. Even the strongest case is worthless if you can’t get service on the defendant. Here’s how service is typically attempted:

1. Certified Mail: This is usually the first method. If the defendant does not sign for the certified mail and the post office returns it as “refused” or “unclaimed,” it may be sent via regular mail. If the regular mail is not returned, service is considered proper, with an additional $5.00 charge. If the certified mail is returned for reasons like “addressee unknown” or “moved,” the clerk’s office will notify you of the failure.
2. Bailiff Service: If certified mail fails, you can use a bailiff for personal or resident service. This can be your primary method if preferred. However, if the bailiff cannot serve the complaint, no ordinary mail option is available. Again, you will be informed of any service failures by the clerk’s office.

If you do not receive any communication from the clerk’s office, do not assume service was successful. Check with the clerk at (513) 946-5700 a few days before the court date or verify your case status on the clerk’s website.

Beware

Filing a suit in Small Claims Court doesn’t guarantee that your case will stay there. The defendant can file a motion to transfer the case to the regular division of the Municipal Court, and such motions are often granted. If this occurs, your case will be handled by a Municipal Court Judge, which can make it more challenging to manage without legal representation. While you can still represent yourself in Municipal Court, the procedures will be more formal and complex compared to Small Claims Court.

Preparing Your Case

• Organize and Rehearse: Before your court date, get your case in order. Plan what you will say and organize your testimony and arguments clearly so the Magistrate can understand your case. Practice your presentation with someone to get feedback. If possible, visit the court as a spectator beforehand to observe and learn from others.
• Gather Evidence: Collect all relevant documents, such as receipts, canceled checks, bills, contracts, and photos.
• Round Up Witnesses: Arrange for witnesses to support your case. While hearsay (what others said) might be allowed, having actual witnesses is more effective. For instance, an affidavit from a mechanic can be useful if the mechanic cannot attend.

If witnesses are unwilling to testify, you can subpoena them. File for subpoenas at the Clerk’s Office (there is a fee), and request them at least a week before your trial. If you need an expert witness, be prepared to pay for their services.

Continuances

If you cannot attend your court date, you can request a continuance. File your request at least 5-7 days before your hearing. Continuances are granted at the Magistrate's discretion, but first requests are generally approved automatically, with one continuance granted to each side.

Going to Court

• Be On Time: Court starts exactly at the time listed on your form. Arriving late can result in losing your case.
• Check the Docket: Before court begins, look at the docket posted by the courtroom door. If your case isn’t listed or is marked with a line through it, check with the clerk. A line typically means your case may not be heard.
• Case Call: The Magistrate will call the cases scheduled for that day. If the plaintiff (the person suing) is not present, the case may be dismissed. If the defendant (the person being sued) is absent, a default judgment is likely, meaning the plaintiff wins by default. Being absent or late can result in losing the case, whether you’re the plaintiff or defendant.

Present Your Case

Both sides will have the opportunity to present their testimony and evidence, starting with the plaintiff (the person suing).

For the Plaintiff:

• Present your case clearly and in an organized manner.
• State all relevant facts and explain the amount you are claiming, including how you calculated it.
• Provide your evidence.
• After presenting your case, answer any questions from the defendant and the Magistrate truthfully.

If you have witnesses, they will testify after you and may be cross-examined by the defendant. Note that “hearsay” (what others said) is allowed at the Magistrate’s discretion, as evidence rules are less strict.

For the Defendant:

• Allow the defendant and their witnesses to present their side of the case without interruption.
• You will have a chance to question the defendant and their witnesses afterward.

The Magistrate may ask additional questions to clarify the case before making a decision. You will either win or lose based on the evidence presented. If you win, the Magistrate will set the judgment amount, which will be recorded in the court’s records. All parties will sign the entry to acknowledge the decision.

If You Lose

If the Magistrate rules against you, you have the option to appeal. The appeal’s success depends on whether the Magistrate made any errors in their decision.

1. Request a Detailed Decision: You have 7 days from the Magistrate’s ruling to request a written, detailed decision. It’s also advisable to obtain a transcript of the proceedings, though there’s a fee for this. Check regularly with the clerk’s office to know when the Magistrate’s decision is completed and filed.
2. File Objections: After the decision is filed, you have 14 days to submit written objections outlining the mistakes you believe the Magistrate made. File these objections with the clerk and send a copy to the opposing party or their attorney.
3. Review by Municipal Court Judge: A Municipal Court Judge will review the report and your objections. You will receive a copy of the Judge’s ruling by mail. If you don’t hear back within 14 days, check with the clerk’s office.
   • If your objections are upheld, you may be granted a new hearing.
   • If your objections are denied, you can appeal to the First District Court of Appeals. This step involves more complexity and expense, including obtaining a transcript of the original hearing and possibly hiring an attorney. Consult with an attorney to assess the viability of your appeal before proceeding.

If You Win

Once you win, the losing party has 15 days to voluntarily pay the judgment. If they pay within this period, your case is resolved.

If the debtor doesn’t pay voluntarily, you must wait at least 15 days from your court date (19 days is recommended to account for delays, weekends, and holidays) before starting collection procedures. This waiting period allows the losing party time to appeal the Magistrate’s decision (see "If You Lose").

If you need to pursue collection procedures, refer to the next section of this booklet on Collecting a Judgment.

Collecting a Judgment

After winning a judgment, you become the judgment creditor, and the losing party becomes the judgment debtor. Collecting the judgment is your responsibility, and the clerk’s office can provide the necessary forms to start the process.

• Default Judgments: Sometimes, the defendant doesn’t show up, and a default judgment is granted. This judgment is as enforceable as one given after a full trial. The court assumes the defendant understands they owe the amount but does not notify them. You may choose to inform the defendant of the judgment and request payment. If they still don’t pay, you’ll need to use collection procedures to recover the debt.

• It’s Up to You: Courts don’t automatically enforce payment of judgments. While the court confirms the debtor’s obligation to pay, it’s up to you to collect the debt. You can use methods like wage garnishment, non-wage garnishment, property attachment, and liens to collect the judgment.

• Step-by-Step Process: Collecting the judgment involves returning to the clerk’s office, filling out forms, and paying additional fees, which are added to the judgment amount. This process can be lengthy and costly. Note that you must wait until your judgment is signed before starting collection procedures.

Before initiating collection, determine whether the debtor has a job, bank accounts, real estate, or other attachable property. If you lack this information, consider starting with the Judgment Debtor Exam procedure to gather the necessary details.

Judgment Debtor Exams

• Personal Judgment Debtor Exam: This procedure involves summoning the debtor to court to answer questions about their assets. To initiate this, you need to file an "Order for Appearance and Examination of Judgment Debtor" form at the clerk’s office. The filing fee is $30.00 plus service costs. A court date will be set at the time of filing.
• On Your Court Date:
  • Check the docket outside the courtroom to see if the debtor has been served.
  • If certified mail service failed, you may request regular mail service for an additional $5.00.
  • If the debtor is served but doesn’t appear, you can ask the court to issue a citation or attachment to compel their appearance. A “body attachment” requires personal service by a bailiff.
• During the Exam:
  • When the debtor appears, you can ask questions to identify assets to satisfy your judgment. Prepare questions about:
    • Employment details and employer
    • Take-home pay amount
    • Bank accounts and balances
    • Real estate owned
    • Vehicles (make, model, year, license plate, VIN, title, and any outstanding loans)
    • Rental properties and tenants
  • The debtor will be under oath but will not be on a witness stand. You’ll ask questions at a table and take notes. If the debtor lies or refuses to answer, inform the bailiff, who will then have the Magistrate address the issue.
• Small Claims Questionnaire (Mail Exam): Alternatively, you can use a Small Claims Questionnaire, which may be less effective than a personal exam. To file:
  • Obtain the form from the clerk’s office; the filing fee is $20.00 plus service.
  • Complete the form with your case details and the debtor’s information. A court date will be assigned.
  • The clerk will mail the questionnaire to the debtor, requesting details about their assets and liabilities. The debtor has one week to respond. Failure to respond can lead to a contempt citation if served.

Garnishments

• Overview: Garnishment is a legal process that allows a judgment creditor to collect a debt by seizing money owed to the judgment debtor by a third party, such as an employer, bank, or tenant.
• Types of Garnishments:
  1. Wage Garnishment: This involves taking a portion of the debtor's wages directly from their employer.
  2. Non-Wage Garnishment: This applies to other sources of income or funds, like bank accounts or rental payments.
• Process:
  1. Notice: Before initiating a wage garnishment, send a “Notice of Court Proceedings to Collect Debt” to the debtor and obtain a certificate of mailing receipt. You must wait 15 days before filing the wage garnishment request. For non-wage garnishments, this notice is not required.
  2. Filing: Complete and file the appropriate garnishment forms at the clerk’s office, and pay any required fees. The forms and fees are available from the clerk.
  3. Garnishee Response: Once the garnishee (employer, bank, etc.) receives the garnishment, they must respond within a specified time frame. If they indicate they are withholding money, it will be paid into the court, and the clerk will issue a check to you. If the garnishee reports no money to withhold, you may need to pursue further collection actions.
• Duration & Priority:
  • Wage Garnishment: Remains in effect until the debt is paid in full, unless a higher priority garnishment (such as for child support or tax levies) is received. Garnishments are valid for at least 182 days from the start date. If your garnishment period ends and another creditor files, you may need to restart the process.
  • Non-Wage Garnishment: Typically a one-time deduction. Multiple non-wage garnishments can be filed, but each only results in a single deduction.
• Limits & Exemptions:
  • Exempt Income: Social Security, unemployment compensation, and welfare benefits are protected from garnishment.
  • Wage Garnishment Limit: You can only garnish up to 25% of the debtor’s take-home pay per pay period.
• Additional Notes:
  • Stay informed about the status of your garnishment.
  • If the debtor’s bank account funds are from exempt sources, they may be protected from garnishment.
  • Bankruptcy or credit counseling may affect the garnishment process.

Live Execution

• Overview: Live execution allows a judgment creditor to seize and sell a debtor’s property to collect a debt. This process, also known as “attachment and sale,” is generally used when the property is worth more than the judgment amount and can be complicated by legal exemptions.

• Exemptions: Ohio law protects certain types of property from execution. Here are some key exemptions under Section 2329.66 ORC:

  • Motor Vehicle: Up to $3,675 of the debtor's equity.
  • Personal Items: Up to $200 for clothing, bedding, etc.; up to $300 for appliances; up to $575 per item for household goods; up to $1,550 for jewelry; up to $450 in cash.
  • Residence: Up to $132,900 in the debtor’s home.
  • Tools of Trade: Up to $2,325.

If property is under lien or has debt against it, you might be secondary in collecting from the sale proceeds.

• Before Execution:
  1. Identify Property: Ensure it’s worth more than any exemptions and is owned by the debtor.
  2. Post Bond: $400.00 bond required for seizing and storing property. No bond is needed for tagging (constructive possession) only.
  3. Praecipe: Obtain and complete a praecipe for live execution from the clerk’s office. Include a detailed description of the property.
• Execution Steps:
  1. File Praecipe: Submit the completed form to the clerk for the judge’s signature. Pay the $70.00 filing fee.
  2. Arrange Seizure: Contact the Civil Bailiff Division at (513) 946-5599 to schedule the property seizure.
  3. Accompany Bailiff: You can assist the bailiff in identifying the property.
• Exemption Hearing:
  • Timing: The debtor receives a form at the time of seizure or tagging to claim exemptions and request a hearing within 5 business days.
  • Hearing: Attend the hearing to address any exemption claims. This is not a re-trial but an opportunity for the debtor to protect exempt property.
• Sale & Proceeds:

1. Sale Requirements: Property must be sold for at least 2/3rds of its appraised value.
2. Distribution:
   • First, exempt amounts claimed by the debtor.
   • Second, costs of the sale.
   • Third, the judgment amount plus court costs and interest.
   • Fourth, any remaining surplus goes to the debtor.

Liens

A lien provides a way for a judgment creditor to secure their claim on real estate owned by the judgment debtor. It ensures that the creditor will be paid when the property is sold. Here’s a step-by-step guide to filing a lien:

1. Obtain a Praecipe for Certificate of Judgment:
   • Visit the clerk’s office and request a Praecipe for Certificate of Judgment.
   • Complete the form with your case details and your contact information.
   • Submit the form along with a $20.00 fee.
2. Get Your Certificate of Judgment:
   • After filing the Praecipe, return to the clerk’s office in 2-3 days to pick up your Certificate of Judgment.
3. File the Lien:
   • Take the Certificate of Judgment to the Clerk of Common Pleas Court in the county where the property is located.
   • Ask for assistance in filing a lien against the judgment debtor’s real property.
   • Pay the applicable filing fee for the lien.
4. For Registered Land:
   • If the property is “Registered Land” (a specific type of land registration in Ohio), you must file the lien with the Registered Land Department of the county’s Recorder’s Office.
   • The lien will be noted on the judgment debtor’s Registered Land Certificate.
5. Renew the Lien:
   • Liens must be renewed every five years to remain valid. Keep track of this to ensure that your lien remains enforceable.

Additional Considerations

• Priority of Liens: A lien has priority based on when it was filed. If there are multiple liens, they are paid in the order they were filed.
• Effect of a Lien: While a lien does not force the sale of the property, it ensures that you will be paid when the property is sold or refinanced.
• Legal Assistance: If you’re unsure about any part of the process, consider consulting with an attorney to ensure proper filing and to address any complications.

License Suspension

If you have a judgment from a motor vehicle accident and the debtor is refusing to pay, you may be able to suspend their driver's license to enforce collection. Here’s how you can proceed:

1. Obtain a Certified Copy of the Judgment:
   • Visit the Clerk’s office and request a certified copy of the judgment. There is a $5.00 fee for this.
2. Complete the DL-6 Form:
   • Fill out a DL-6 form, which is used to request the suspension of a driver's license. This form is available at the Clerk’s office or online from the Ohio Bureau of Motor Vehicles (BMV).
3. Provide Required Information:
   • You will need the debtor’s:
     • Date of Birth
     • Social Security Number
     • Driver’s License Number (if known)
   • This information is crucial for the BMV to accurately process the suspension request.
4. Wait the Required Time:
   • You must wait 30 days after the judgment has been issued before filing for license suspension. This period allows the debtor time to comply with the judgment before more drastic measures are taken.
5. Submit the Request:
   • Once the 30-day waiting period has passed, submit the completed DL-6 form along with the certified copy of the judgment to the appropriate authority, typically the BMV or a similar state agency.
6. Follow Up:
   • Ensure that the request has been processed by checking with the BMV or the relevant agency. The suspension will remain in effect until the debtor satisfies the judgment or the issue is otherwise resolved.

Additional Notes

• Impact on Debtor: License suspension can be an effective means of encouraging payment, as it impacts the debtor’s ability to drive legally.
• Legal Advice: If you encounter difficulties or have questions about the process, consult with an attorney who specializes in collections or debtor-creditor law.

Mediation

Mediation is an alternative dispute resolution process where a neutral third party, known as the mediator, helps two parties reach a voluntary settlement. The mediator’s role is not to decide the case or impose a solution, but to facilitate a discussion that leads to an agreement between the parties.

How Does Mediation Work?

1. Initial Agreement:
   • Both parties must agree to participate in mediation. It’s a voluntary process, meaning no one can be forced into mediation if they choose not to participate.
2. Mediation Session:
   • The mediation takes place in a confidential setting where the mediator meets with both parties.
   • Each party has the opportunity to explain their side of the story.
   • The mediator listens carefully, asks questions to clarify points, and ensures that both parties understand each other’s perspectives.
3. Facilitating Discussion:
   • The mediator summarizes each party's position to confirm mutual understanding.
   • Each party is encouraged to suggest possible solutions to resolve the conflict.
   • The mediator helps the parties explore these suggestions and evaluate their feasibility.
4. Reaching Agreement:
   • If the parties can agree on a solution, the mediator will draft a written agreement outlining the terms of the settlement.
   • The mediator does not impose solutions or make judgments; instead, they assist in finding common ground that both parties can accept.
5. Confidentiality:
   • The mediation process is private and confidential, meaning discussions and agreements made during mediation cannot be used later in court if mediation fails and the case proceeds to trial.

Why Mediate?

• Cost-Effective: Mediation is free after filing a Small Claims suit, making it a cost-effective option for resolving disputes.
• Informal and Confidential: Mediation is conducted in a more informal setting compared to a courtroom, and discussions are confidential.
• Control Over Outcome: Both parties retain control over the outcome, as any agreement reached is made voluntarily and can only be finalized with the consent of both parties.
• Win/Win Solution: Mediation often leads to solutions that are mutually acceptable, allowing both parties to feel satisfied with the outcome and preserving relationships that might otherwise be damaged by a court battle.
• Flexibility: The process is flexible and can be terminated at any time if either party decides not to continue.

Additional Considerations

• Preparation: To make the most of mediation, come prepared with all relevant documents and a clear idea of what you hope to achieve.
• Legal Advice: While mediators do not provide legal advice, you might consider consulting an attorney before or after mediation to ensure that any settlement agreement is legally sound.

Mediation offers a valuable opportunity to resolve disputes in a cooperative manner, and often leads to more satisfactory outcomes than traditional litigation.

Courthouse Location:

Hamilton County Courthouse

1000 Main Street, Rm. 115
Cincinnati, OH 4520\2 (513) 946-5700
https://www.courtclerk.org/our-office/municipal-court-clerk/municipal-civil-division/

BUILDING HOURS

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

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