Civil and Small Claims
The Civil Department hears cases where the amount in dispute does not exceed $15,000.
The Small Claims Department functions to help citizens resolve minor disputes fairly, quickly, and inexpensively. The Small Claims Department hears cases not to exceed $6,000.
The Civil Department accepts and maintains civil cases including contract, note, and account disputes, personal injury, property damage, evictions, and other civil matters such as, but not limited to, rent deposits, animal/pet designations, and driving matters associated with the Ohio Bureau of Motor Vehicles.
The Wayne County Clerk of Court has three individuals on staff to handle the Municipal Court’s civil proceedings/dockets. If you have any questions regarding civil, please contact the civil staff at 330-264-3122.
Small Claims Staff
Small Claims Filing
An action in the Small Claims Division shall commence upon the filing of a complaint which shall state the amount and nature of the claim. When a complaint is based on an account, or other written instrument, a copy thereof must be attached or the reason for omission must be stated.
The claim may be filed by a real party in interest or by his/her attorney. If the plaintiff is a corporation, the claim may be filed by an attorney, a bonafide officer or salaried employee of the corporation (R.C. 1925.17).
If the claim is related to an automobile accident, the plaintiff shall provide the court with two estimates of damage, a police report (if any), the name of the insurance company involved, the amount of the plaintiff’s deductible and a statement of any payments received from an insurance company for damage or injury from the accident. Hearings shall be set not less than fifteen (15) nor more than forty (40) days after the service of summons on the defendant(s).
Online Dispute Resolution. Download pdf.
The Wayne County Municipal Court now offers Online Dispute Resolution as a service of the Court. Online Dispute Resolution, with a Mediator, is an easy and flexible way to resolve a dispute. Most importantly, there is NO cost to use the online system. Online Dispute Resolution can help you resolve your dispute in a manner that saves you time and does not require a physical appearance in Court. For more information, click the links above.
Small Claims Jurisdiction
Abuse of Process
Claim by an Assignee or Agent
Punitive or Exemplary Damages
Amounts exceeding the limits
Territorial jurisdiction and venue are concurrent with the territorial jurisdiction and venue of the General Division of the court.
Small Claims Hearings
Each case will initially be scheduled for a mediation hearing. Attendance is required. In accordance with Supreme Court Rule 16, parties, if they wish, may appear with or through an attorney. Failure of either party to appear will result in the dismissal of the case or the granting of a Default Judgment.
If mediation is unsuccessful, the matter will be scheduled for trial. At trial, the court will administer an oath to the witnesses and proceed on the merits. The Trial will be conducted in an informal manner while adhering to the Substantive Rules of Evidence, however, the court may consider as evidence estimates, bills, or other statements which purport to show monetary damages.
Small Claims Fees
(Effective April 5, 2022)
Wayne County Only