How to Make a Claim in the County Court

How to Make a Claim in the County Court thumbnail
Making a claim in county court is not as difficult as you may think.

A claim is a type of lawsuit wherein you are asserting a "claim" to something---generally money or property. You may need to make a claim in a county court for a number of reasons, such as for money that is owed to you, to evict tenants or to collect child support.

Things You'll Need

  • Information on the respondent
  • Documentary evidence of the claim
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Instructions

    • 1

      Determine where you must file your claim. Generally, a claim must be filed in the county in which you reside. If you are filing a small claims court claim, then you will need to determine what township you live in within the county and file in that township's small claims court.

    • 2

      Determine what court your must file in. The court for filing is determined by what type of claim you are filing and the dollar amount you are seeking in the claim. Call the small claims court nearest you and ask what its claim limit is. If your claim is asking for a dollar amount higher than the limit, then you will need to file in the county Superior or Circuit court. Also, many larger jurisdictions have a separate court for child support claims.

    • 3

      Prepare the claim or petition. The claim must state the names of the parties involved (you and the respondent), the court that it is being filed in and a brief synopsis of what the claim is for and what relief you are asking the judge to give you. Relief is a legal term that is used to refer to what result you are seeking, such as money, eviction or child support. Attach copies of any documents that support your claim, such as a lease, contract or promissory note.

    • 4

      Serve the opposing party. Your claim must include a certificate of service that indicates that you have served the opposing party.You must send a copy of everything you filed in the court to the respondent. It is best to send the copies certified mail or via civil sheriff.

    • 5

      Make copies of the claim and take it to the court for filing. There will be a filing fee that varies from court to court. Call first to find out the amount and what forms of payment the court accepts for payment of the fee.

Tips & Warnings

  • Many jurisdictions have self-help sections for small claims court filings. Check online or in person for fill-in-the-blank forms to use in the court you are filing in.

  • Make sure that you ask for everything that you want in the claim, as you generally cannot go back and add to the claim at a later date.

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References

  • Photo Credit Legal Law Justice image by Stacey Alexander from Fotolia.com

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