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www.lasclev.org
Can You Settle?
You may be able to settle your case after you le your claim
with the court and before your conference or hearing is set.
If you settle, do NOT dismiss your case or sign a release
until you have been paid the agreed amount in full.
Once you get your money, let the court know you have
settled.
How Do You Collect?
If you win and the court grants a judgment in your favor,
ordering the defendant to pay you money, then you can ask
the court to garnish their wages, attach their bank account
if you know where they bank, or put a judgment lien against
any real estate they own. Ask the court to help you with
the paperwork.
Questions? Visit an upcoming Legal Aid brief advice clinic.
See dates and locations at www.lasclev.org or text Legal Aid
at 216.242.1544 with the message LAS CLINIC to learn
the date and location of the next brief advice clinic.
Taking Your
Case To Small
Claims Court
LA0010 6/18
is brochure was prepared by Legal Aid, which serves
low-income residents of Ashtabula, Cuyahoga, Geauga,
Lake and Lorain counties in Northeast Ohio.
Intake Line for New Legal Cases
Toll Free: 888.817.3777
Tenant Information Line
Call for info related to tenants’ rights and rental housing.
(is line does not provide legal advice.)
216.861.5955
Learn more about Legal Aid and
upcoming brief advice clinics:
www.lasclev.org
Legal Aid Oces:
Cleveland & Administrative Oces
1223 West Sixth Street, Cleveland, OH 44113
Elyria Oce
1530 West River Road, Suite 301, Elyria, Ohio 44035
Jeerson Oce
121 East Walnut Street, Jeerson, OH 44047
Painesville Oce
8 North State Street, Suite 300, Painesville, OH 44077
e information in this brochure cannot take the place of advice from a
lawyer. Each case is dierent and needs individual legal advice. You should
contact a lawyer if you need representation or if you have questions.
If you have a communications limitation, contact Legal Aid
through the Ohio Relay Service at 800.750.0750.
Legal Aid oers interpretation and translation services so those with
limited English prociency can communicate with Legal Aid sta
in their dominant and/or preferred language.
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How Do You Get Ready?
Ask yourself what it will take to convince the court you
should get the money you claim is owed to you. Remember
that the person who will decide your case knows nothing
about what happened. You must have evidence to prove your
claim. Evidence includes testimony by witnesses, documents,
and pictures.
Make copies of important documents. ese could be
sales receipts, contracts, car titles, leases, rental agreements,
warranties, promissory notes, IOUs, notes, letters, time
cards, and anything else that you think supports your claim.
Consider presenting visual evidence. Photos and diagrams
can help illustrate an event that happened or damages
caused. If you present photos as evidence, be
sure that each picture includes the date when it was taken.
Ask people with rst-hand knowledge to testify as
witnesses. If someone saw an event happen or knows about
damages caused, they can be very helpful in proving your
case. If they agree to appear in court, be sure to tell them the
exact date, time, and place for the hearing.
Organize your evidence into the order in which events
took place. is will help you tell a chronological story that
the judge or magistrate will be able to follow more easily.
What Kinds of Cases
Can Be Handled in
Small Claims Court?
A case may be led in small claims court when a person
seeks money damages of $6,000 or less. Claims of more
than $6,000 will be transferred to the municipal court’s
regular docket.
Examples of issues typically handled in small claims court
include: unpaid wages, security deposit disputes, breaches
of contract, defective products, damages in minor auto
accidents, or damages to personal property.
A case is started when a person, the plainti, les a form
with the court claiming another person or business owes
them money. e person being sued for money is the
defendant. If a defendant has claims against the plainti
related to the same events at issue, the defendant can le
a claim of their own, called a counterclaim.
Where Do You File?
Claims may be led in the community where the
defendant (the person being sued) lives or operates
their business, where the accident or event took place,
or where the rental property is located.
Every municipal and county court in Ohio has a small
claims division. To nd the address and phone number
for
a
municipal or county court, go to www.ohiocourtlinks.org.
Once you locate the court you think you should le in, call
the court clerk to conrm that you have the right one.
How Do You File?
In most courts, a person must ll out a form explaining
the claim for money and identifying the defendant.
You will need the name, home or business address, and
telephone number of the defendant.
If you are suing a corporation, you must use its proper
legal name. You may verify this with the Corporate
Division of the Ohio Secretary of State at 877.767.3453.
If you are suing a company that is not a corporation, you
must sue an individual and then state the company name
under which they are doing business. For example:
John Brown d/b/a XYZ Company.
When lling out the form:
• Use clear language.
• Write or print clearly.
• Briey explain why you think the defendant
owes you money.
• Write the amount of money you are owed. Include
interest and payment of all court costs.
You will le the form with the clerk of courts. You will
also have to pay a ling fee to the clerk when you le.
e fees vary from court to court, so look at the court’s
website or call ahead to know how much money to take
with you when you le.
If you cannot aord to pay the ling fee, ask the clerk for
a poverty adavit form. e form lets you ask permission
to le your case without paying the fee in advance, but
you may still owe it. Complete the form, but do NOT
sign it until you are before a notary. Once notarized, le
it along with your claims at the clerk’s oce.
