Small Claims Court in Summit County

In Summit County, OH small claims cases are filed in the Division Court. Summit 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 Summit Court System.

Small Claims Court

The Small Claims Division in Ohio was established in 1967 to provide a quick, informal, and affordable way for individuals to resolve claims up to $6,000 (excluding interest and court costs). You can file a claim without an attorney, but you'll need to manage the process yourself.

The filing fee is $37, with an additional $7 for each extra defendant. Defendants must reside or do business in Cuyahoga County. Be sure to include their names and addresses, as well as proof of your claim, like receipts or estimates, which you'll need to present at the hearing.

If suing a business, check with the Ohio Secretary of State for accurate names and representation. Our clerks are available for assistance during business hours, so arrive by 3:30 p.m. if you need help. If filing by mail, 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 deals with monetary disputes between individuals, partnerships, corporations, and sole proprietors. 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, you can obtain forms and brochures either at the office or online. Make sure to check the Civil Fees section for information on the costs involved in filing your case.

If You've Been Sued

If you’ve received a complaint and summons, be sure to read the summons carefully, as it will detail the steps you need to take to contest the claim. In a small claims case, it will also specify the date and time you need to appear in court. For cases in the general division, you generally have 28 days from the date you were served to respond. If you don’t appear or respond, the court may issue 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 (not including the trial date itself). If you need to file these documents after this deadline, you'll need to request permission from the court. Any late filings will be removed from the case file. The Clerk of Court will serve these documents in the same manner 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, excluding 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, not including the trial date. A time-stamped copy of the motion should be delivered to the chief magistrate on the day it’s filed. Parties in small claims cases can request discovery, limited to interrogatories and/or depositions, which 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 will be conducted by a magistrate appointed by the court according to Rule 53(C) of the Ohio Rules of Civil Procedure. In contested cases, the magistrate will first suggest mediation as an alternative 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 otherwise specified, while 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

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

• Dress Code:
  • Appropriate attire is required (shoes and shirts).
  • Hats, caps, and sunglasses are not permitted.
  • Avoid inappropriate clothing such as shorts, tank tops, or anything that exposes undergarments.
• 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, 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, submit a written request to the Court and serve a copy to the opposing party.

• Remember, 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

• Small Claims (1 Defendant): $120.00
• Each Additional Defendant: $20.00
• 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 Complaint & Cross-Complaint (Up to 2 Parties): $43.00

Additional Service Per Defendant:

• Certified Mail: $15.00
• Bailiff Service: $20.00
• Regular Mail: $10.00
• Counterclaim & Third Party Complaint (Up to 2 Parties): $78.00
• Appeal/Transcript: $50.00
• Certificate of Judgment: $45.00
• Change of Venue/Transcript: $40.00
• Execution: $60.00

Foreign Service:

• Sheriff Service: $40.00

Garnishment - Personal Earnings:

• If Total Amount Now Due is $3,000 or Less: $130.00
• If Total Amount Now Due is Greater than $3,000: $190.00

Garnishment - Other Than Personal Earnings:

• Certified Mail (Out-of-County): $82.00
• Jury Demand: $350.00
• Mandatory Order, Show Cause with Certified Mail or Bailiff Service (1 Defendant): $50.00
• Each Additional Defendant: $15.00

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

• Summary Judgment, Default Judgment, Judgment on the Pleadings & Dismissals (Except Evictions): $25.00
• Motions to Vacate & Any Other Civil Motion That Modifies a Final Judgment: $60.00
• NSF Check: $40.00
• Objection to Magistrate Decision: $50.00
• Order of Sale and Appraisal for Executions: $78.50
• Pay Order: $7.00

Photocopies:

• No Charge for First Ten Copies: $0.25
• Certified: $1.00
• Exemplified: $3.00
• Revivor with Certified Mail or Bailiff Service (1 Defendant): $80.00
• Each Additional Defendant: $18.00
• Subpoenas with Certified Mail or Bailiff Service (1 Witness) - Does Not - Include Witness Fee of $6.00/person: $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 usually entitled to recover both your damages and 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 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 these findings are mandated 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 is filed, the magistrate will issue an amended decision containing the findings and conclusions within the timeframes outlined 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. Make 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, and 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 starts when the magistrate issues the amended decision containing those findings.
• 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 demonstrate 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 not, the court will overrule the objections and enforce the original judgment.

Collect

After winning a civil judgment, it’s your responsibility to take action to collect the money owed to you. Common methods include garnishing the debtor's wages, seizing 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 in the Small Claims Division with collecting judgments, including preparing and filing necessary forms for enforcement.
• The court may permit the judgment, interest, and costs to be paid in monthly installments, and it can stay the execution of the judgment during this period, which 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.

Courthouse Location:

Summit County Clerk of Courts

205 S High St, Akron
OH 44308
(330) 643-2211
https://clerkweb.summitoh.net/welcome.asp

BUILDING HOURS

• Monday - Friday 7:30 a.m. to 4:00 p.m., except court holidays.

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