Court System:
The courts which may determine the validity of debts and enforcement of
judgments are the
Municipal Courts and County Common Pleas Courts. Where a debt action may be filed
generally
depends on the amount of the claim.
A. Small Claims: An action that involves an amount in
controversy not exceeding $3,000,
exclusive of interest and costs may be filed in the Small Claim Division of the Municipal
Court. Small Claim actions may be filed only by a person to whom a debt is owed. An
assignee or agent of a creditor is not may not file a small claim action on behalf of the
creditor. Although representation by an attorney of a party is permitted, it is generally
not
required. The total number of Small Claim actions filed by any single person may not
exceed twenty-four within any calendar year (O.R.C. 1925.01 et seq.) Also see the
information on Small Claims from the Ohio Attorney General's Consumer Protection Section,
linked here.
B. Municipal Courts: Claims in an amount not exceeding $15,000 are within
the
jurisdiction of the Municipal Courts. A judgment may be rendered in excess of this
jurisdictional limit if the excess amount consists of interest, costs, or the detention of
personal property. (O.R.C. 1901.17)
C. County Common Pleas Courts: These courts have original jurisdiction of
all claims
that are over $15,000.
The Ohio statutes also permit Courts to establish Dispute Resolution Procedures and
Conflict Management Programs (O.R.C. 179.01, et seq., 1901.262). The purpose is to
encourage parties to resolve their differences without further litigation, prosecution,
civil unrest, economic disruption or violence. These programs may include mediation or
conciliation, mini-trial programs, summary jury trials or nonbinding arbitrations.
A fee is generally required when filing an action in the Ohio Courts. The amount of fee
required varies from county to county. For example, in the county in which Cleveland is
situated, the filing fees for each court are:
Small Claims $27.00 for one defendant, plus $4.00 for each additional defendant
Municipal Court $73.00 for one defendant, plus $4.00 for each additional defendant.
County Common Pleas Court $100.00.
A creditor may obtain the fee schedules from its attorney or by contacting the court clerk
in the
County in which an action is to be brought. |