Small Claims Staff
Karl Kubb, Municipal Court Administrator
Denise Favalon, Small Claims Court Aide
Phone: 330-287-5668 / Fax: 330-345-3625
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). Any new filing must be submitted with a Small Claims Information Sheet below.
Small Claims Jurisdiction
Civil actions may be filed in the Small Claims Division for the recovery of money only. The Small Claims Division has no jurisdiction over the following matters:
- Malicious Prosecution
- 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 shall first be scheduled for a mediation hearing. Attendance of both plaintiff and defendant shall be required at the mediation hearing and both parties shall be notified of the date and location of said hearing. In accordance with Sup. Rule 16, parties may, if they wish, 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.
In the event mediation results in the settlement of the case, such settlement shall be reduced to judgment and journalized by the court. If mediation does not result in the resolution of the case, a trial date shall be immediately set and both parties notified thereof.
The court shall administer an oath to the witnesses and proceed to trial on the merits. Trial shall be conducted in an informal manner with the purpose of accomplishing substantial justice. Substantive Rules of Evidence shall be adhered to; however, the court may consider as evidence estimates, bills or other statements which purport to show monetary damages.
Small Claims Fees (effective October 3, 2005)
Wayne County Only
|Filing Fee (1 Defendant)
Includes legal aid & computer fee
|Each additional defendant||$5.00|
|Counter Complaint (1 Defendant)||$15.00|
|Counter Complaint (2 Defendants)||$20.00|
|Personal or Residential Service||$15.00 plus mileage|
|Judgment Debtor Examination||$25.00|
|Bank Attachment||$10.00 plus $1.00 to bank|
|Writ of Execution||$15.00 plus deposit|
|Certificate of Judgment||$5.00|
|Witness Fees||$6.00 plus mileagle|
|Motion to Revive Judgment||$5.00 per defendant|
|Triple Seal Certificate (transfer to another state)||$15.00|
|Filing Amended Complaint||$5.00 per defendant|