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Small claims forms · Ohio

Ohio small claims court forms

Vera can't fill Ohio's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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To sue (you're the plaintiff)

  • The claim is filed in the small claims division of a municipal or county court. The division hears civil actions "for the recovery of taxes and money only, for amounts not exceeding six thousand dollars, exclusive of interest and costs"; it does not hear libel, slander, replevin, malicious prosecution, abuse of process, punitive damages, or most claims brought by an assignee or agent. Venue is the same as for the court's ordinary civil actions (Ohio Rev. Code 1925.01(A), 1925.02(A)).
  • The Supreme Court of Ohio lists no small claims form in its forms catalog. The plaintiff states the claim to the court's administrative assistant or other official the court designates; the claim "shall be reduced to writing in concise, nontechnical form" and signed by the plaintiff or the plaintiff's attorney under oath. The plaintiff pays "A filing fee as determined by the court" (Ohio Rev. Code 1925.04(A), (B); supremecourt.ohio.gov, All Forms).
  • "The appearance of an attorney at law on behalf of any party is permitted but not required." A corporation may file and present its claim through "any bona fide officer or salaried employee", but without a lawyer it may not "engage in cross-examination, argument, or other acts of advocacy" (Ohio Rev. Code 1925.01(D), 1925.17).
  • Notice of the filing is served on the defendant "as provided by the Rules of Civil Procedure", under which the clerk ordinarily serves by certified or express mail, return receipt requested, or by commercial carrier. Published or substituted service may not be used. If the notice comes back undelivered, the plaintiff may ask for a further notice with a later trial date (Ohio Rev. Code 1925.02(A)(3), 1925.05(A), (B); Ohio Civ.R. 4.1(A)).
  • The plaintiff is given the time and place of trial, which is set "not less than fifteen or more than forty days after the commencement of the action". Filing the claim waives the plaintiff's right to a jury trial (Ohio Rev. Code 1925.04(A), (B)).
  • For a residential security deposit: the landlord delivers a written, itemized notice of any deductions "together with the amount due, within thirty days after termination of the rental agreement and delivery of possession". If the landlord does not, the tenant may recover the money due plus "damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees", but the tenant must have given the landlord a forwarding address in writing to get the damages and fees (Ohio Rev. Code 5321.16(B), (C)).

If you were sued (you're the defendant)

  • The defendant does not file a written answer. The notice served on the defendant gives the date, time and place of trial and says: "If you do not appear at the trial, judgment may be entered against you by default" (Ohio Rev. Code 1925.05(A)).
  • The notice also says: "If your defense is supported by witnesses, account books, receipts, or other documents, you must produce them at the trial." The clerk issues subpoenas for witnesses if a party asks (Ohio Rev. Code 1925.05(A)).
  • "If you admit the claim but desire time to pay, you may make such a request at the trial" (Ohio Rev. Code 1925.05(A)).
  • A counterclaim or cross-claim is filed with the small claims division and served on all other parties "at least seven days prior to the date of the trial of the plaintiff's claim". A counterclaim of six thousand dollars or less does not affect the division's jurisdiction; a larger one may lead to transfer to the regular docket (Ohio Rev. Code 1925.02(B), (C)).
  • "The appearance of an attorney at law on behalf of any party is permitted but not required." A corporation may present its defense through "any bona fide officer or salaried employee", but without a lawyer it may not "engage in cross-examination, argument, or other acts of advocacy" (Ohio Rev. Code 1925.01(D), 1925.17).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.