Small Claims Court in Montgomery County
In Montgomery County, OH small claims cases are filed in the Municipal Court. Montgomery County has two Municipal Courts that handle 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 Montgomery Court System.
Small Claims Court
The Small Claims Division in Montgomery County, Ohio, offers a fast, easy, and budget-friendly way for individuals to settle disputes involving amounts up to $6,000 (not including interest and court costs). You don’t need a lawyer to file a claim, but you’ll be responsible for navigating the process on your own.
The filing fee is $37, and if you have additional defendants, it’s an extra $7 for each one. Make sure that defendants live or operate in Cuyahoga County. It’s important to provide their names and addresses, along with evidence to support your claim, such as receipts or estimates, which you’ll need to show at the hearing.
If you’re suing a business, it’s a good idea to verify the correct names and representation with the Ohio Secretary of State. Our clerks are available to assist you during business hours, so try to arrive by 3:30 p.m. for help. If you prefer to file by mail, be sure to include extra copies of your claim, your payment, and a self-addressed stamped envelope for your hearing date and receipt.
Cases Handled
The Small Claims Division handles financial disputes involving individuals, partnerships, corporations, and sole proprietors. Here are some common reasons people file these lawsuits:
- Tenant/Landlord Disputes
- Personal Injury Claims
- Stolen or Damaged Property
- Debt Collection
- Problems with Auto Repairs
- Subpar Construction Work
- Defective Products
- Breach of Contracts or Broken 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, forms and brochures are available both at the office and online. Be sure to review 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, it’s important to read the summons carefully. It outlines the steps you need to take to contest the claim and includes the date and time you must appear in court for your small claims case. For general division cases, 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 scheduled 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. Any late submissions will be taken out of 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 originally scheduled hearing date (not counting the trial date). Be sure to deliver a time-stamped copy of the motion to the chief magistrate on the day you file it.
In small claims cases, parties can request discovery, which is limited to interrogatories and/or depositions. These requests must be made by motion at least seven calendar days before the trial date.
Initial Hearing and Mediation
- The initial hearing in the Small Claims Division is conducted 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 moving on to a court hearing.
- If both parties agree to mediation, the case will be transferred to a mediator.
- If mediation is not agreed upon or is unsuccessful, the case will proceed to a hearing on the merits before the magistrate.
- Before the trial starts, the magistrate or another court officer will administer an oath to the parties and witnesses.
- The Ohio Rules of Civil Procedure will apply unless specified otherwise.
- The Ohio Rules of Evidence do not apply, as stated in Rule 101(C)(8) of the Ohio Rules of Evidence.
Going to Court
Courtroom Conduct and Dress Code
- General Expectations:
- Everyone entering the Justice Center must undergo a search.
- All individuals are expected to behave respectfully in the Montgomery Municipal Court, which includes showing respect for:
- The law
- The judge or magistrate
- All parties involved
- Attorneys
- Deputy bailiffs
- Court staff
- Dress Code:
- Appropriate attire is required, including shoes and shirts.
- Hats, caps, and sunglasses are not permitted.
- Inappropriate clothing such as shorts, tank tops, or anything that exposes undergarments should be avoided.
- Electronic Devices:
- All 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 allowed, either 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 cannot attend your court date, you can request a continuance to postpone the hearing to a later date. To do this, you must submit a written request to the Court and serve a copy to the opposing party.
- Keep in mind that simply filing the request does not guarantee approval; the hearing will only be rescheduled if the Court grants your continuance request.
Attorney
You can represent yourself in court as an individual, but only an attorney licensed to practice in Ohio can represent someone else. A power of attorney does not grant this authority.
If you’re representing an entity, such as a corporation, you typically need an attorney. However, in small claims cases, a non-lawyer can appear on behalf of the entity to present evidence. They cannot, however, act as an advocate, which means they cannot examine or cross-examine witnesses or present legal arguments.
Small Claims Division Fees
Municipal Court Civil Fee Schedule
- Civil Limit: $15,000
- Small Claim Limit: $6,000
Civil Filing**
- Civil Filing (one defendant): $120.00
- Additional Defendants (each): $5.00
Eviction Filing
- Eviction with Bailiff Service and Ordinary Mail with Certificate of Mailing (one defendant): $120.00
- Additional Defendants (each): $5.00
- Certified Mail Service (each defendant): $10.00
Alias Summons on Complaint
- Certified Mail: $10.00
- Regular Mail: $2.00
Counterclaim:
Amended Complaint:
- Amended Complaint: $10.00
Third Party Complaint:
- Third Party Complaint: $10.00
Writ of Restitution:
- Writ of Restitution: $30.00
Small Claim:
- Small Claim (one defendant): $77.00
- Transfer to Civil: $43.00
- Additional Defendants (each): $5.00
Miscellaneous:
- Debtor’s Exam (Order in Aid): $15.00
- Citation in Contempt (Show Cause):$15.00
- Service by Publication (Deposit – Cost will vary): $200.00
- Service by Sheriff (Deposit – Cost will vary): $50.00
- Certificate of Judgment: $2.00
- Replevin/Execution: $300.00
- Garnishment: $125.00
- Civil Appeal: $100.00
- Bank Attachment (plus $1.00 check made payable to bank): $35.00
- Jury Deposit (Due when Jury Demand is filed – Actual cost may vary): $500.00
- Certified Copy of Entry (fee per page): $1.00
- Exemplified Copy (Triple Seal): $5.00
- Trusteeship: $50.00
- Revivor: $10.00
- Appeal to Dog Designation: $120.00
- Cross Claim: $10.00
- BMV Petition for Driving Privileges: $120.00
- ALS Appeal: $120.00
- Transfer Case to Another Court: $10.00
- Waiver of Notification and Instructions to the Clerk: $2.00
Subpoena:
- $6.00 half day
- $12.00 full day
Note: The filing fee includes certified service for items marked with an asterisk (**).
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 is filed with the Clerk of Court, and copies are sent to all parties or their attorneys.
- If a party requests findings of fact and conclusions of law under Rule 52, or if such findings are required by law or the order of reference, the magistrate's decision will include these proposed findings and conclusions.
- If the request is made after the initial decision has been filed, the magistrate will issue an amended decision containing the findings and conclusions within the timeframes 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 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
To object to a magistrate’s decision, you must file your objections within fourteen (14) days of the decision being filed with the Clerk of Court and pay any applicable costs. Be sure to serve copies on all parties and include proof of service.
- If you file objections, other parties have ten (10) days to file their own objections.
- Any party can submit a brief in opposition within fourteen (14) days.
- If you requested findings of fact and conclusions of law, the timeline for objections begins when the magistrate issues the amended decision that includes those findings.
Objections must be specific and should 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 that it was not reasonably discoverable before the original hearing.
If the court finds merit in your objections, it may modify the decision, hear additional evidence, or order a new trial. If the objections are not upheld, the court will overrule them and enforce the original judgment.
Collect
After winning a civil judgment, it is your responsibility to take action to collect the money owed to you. Common methods for 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 collecting judgments, including preparing and filing the necessary enforcement forms.
- The court may allow the judgment, interest, and costs to be paid in monthly installments and can stay the execution of the judgment during this period. This stay can be modified or lifted at any time.
- 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. This form 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. Note that the Writ of Examination must be filed by the judgment creditor, not by an attorney.
Let Squabble Help You With Your Small Claim at Montgomery 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 Montgomery 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.
Courthouse Location:
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Montgomery County Municipal Court Western Division
875 E Main St
Trotwood, OH 45426
(937) 687-9099
https://www.mccountycourts.org/Clerk/FilingCostsFees.cshtml?Division=West&x=MuniCivil
BUILDING HOURS
- Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.
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Montgomery County Municipal Court
Eastern Division
6111 Taylorsville Rd.
Huber Heights, OH 45424
(937) 496-7231
https://www.mccountycourts.org/?Division=East
BUILDING HOURS
- Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.