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Ohio Small Claims Court

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Statues: Ohio Revised Code Annotated Title 19, Ch. 1925, Sections 1-18; Ohio Rules of Civil Procedure.

Dollar Limit:: $3,000. Where To Sue: Where defendant resides, has a place of business or where breach or injury occurred. Nonresident defendants Where plaintiff resides. Corporation resides where it has principal place of business or an agent.

Service: Certified mail by clerk, return receipt, sheriff, bailiff or court-approved adult.

Hearing Date: 30 days from filing of complaint.

Attorneys: Allowed. A corporation may proceed through an officer or employee, but may not cross-examine, argue or advocate except through attorney.

Transfer: If either side requests, if defendant counterclaims for more than $3,000 or at court's discretion, case tried under regular civil procedure of appropriate court.

Appeals: By either side for review of law, not facts; to Court of Appeals within 30 days.

Special Provisions: No equitable relief. No jury trial. No discovery. No libel or slander cases. Right to sue may not be transferred. Limit of 24 claims a year per plaintiff. Court may order arbitration. Mediation is available in some jurisdictions. Municipal Court cases limited to recovery of personal property, taxes, and money. No assignees (except to recover taxes).

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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May 11 2008

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