How to File a Small Claims Lawsuit in Ohio
In Ohio, small claims courts are open to individuals and organizations for the recoupment of monetary amounts up to $3,000. In order to bring a claim you (the plaintiff) must be at least 18 years old or a corporation formed under the laws of Ohio. Bringing small claims suit requires a filing with the court and oral argument before a judge.
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Things You'll Need
- Photo ID
- Names and addresses of defendants
- List of evidence
- Name and addresses of witnesses
- Filing fee
Instructions
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Determine the appropriate court in which to file your claim. Under Ohio law, you can file your claim in the municipal or county court where the defendant or person/organization you want to sue resides or does business. Alternatively, you can also file your claim in the municipal or county court where the incident or injury happened.
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Contact the clerk of the court to obtain the necessary paperwork needed to file a claim. Generally, the clerk will provide you with a "small claims petition". Some courts have their small claims petitions available online.
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Fill in the required paperwork needed to file your claim completely. At a minimum you will be asked to provide the amount of the claim, name and contact information of the defendant and a listing of any evidence or witnesses you plan to use in the presentation of your case. Ohio law requires that you sign your claim in front of the court clerk or a notary public.
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File your petition with the court clerk including any required filing fee. Fees vary according to the amount of the claim and the court. Upon filing of your claim, you will be given a notice detailing the date and time of your small claims hearing.
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Serve a copy of your claim and notice of the hearing to the defendant. In some jurisdictions the court may be able to do this for you as long as you provide the correct address of the defendant. In other jurisdictions, it is your responsibility to serve the defendant. Any adult 18 years or older and not a party to the case can deliver notice to the defendant. Alternatively, you can mail the notice to the defendant by certified mail.
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Prepare for your hearing. Review your evidence. Interview your witnesses. Write down the questions that you want to ask the defendant or the defendant's witnesses in regards to the case.
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Attend the hearing. At the hearing the judge will allow each side to present its side of the story. This is your chance to explain your case. Use your evidence and witnesses to corroborate your theory and/or rebut the defendant's story. After both sides have presented their case, the judge will make a decision.
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References
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