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1. How do I file a claim?

You may file in person or by mail. Learn what information you will need to have with you to file a claim on the File a Claim page.

2. If I have a claim filed against me, how will I be notified?

The court notifies the defendant of the claim by sending the claim with a summons by certified mail, return receipt requested or the claim is served by a bailiff or process server. If the defendant does not claim or refuses the certified mail, the default date will be rescheduled and another copy of the claim and summons will be sent by regular mail.

3. What are my responsibilities as a plaintiff?

Plaintiff may call the court within 3 days after the default date to verify that defendant received the summons and complaint and that the default was granted. Plaintiff is not required to be in court for the default date.

If a mail summons cannot be delivered, plaintiff will be notified of this failure. If plaintiff desires another mail service at a new address, there is an additional charge of $20.

Remember, plaintiff is responsible for supplying defendant's correct address and telephone number.

4. What does it mean when I have received a summons?

Receiving a summons means that you have been named a defendant in a case. Find out how to defend yourself against the claim by viewing the Summons page.

5. How do I file a counterclaim or cross claim?

If you are being sued and you have a claim against the plaintiff as a result of the same incident or transaction as stated in the plaintiff's complaint, you may file a counterclaim. The procedure is similar to that for filing a claim. It must be filed prior to the default date. After the counterclaim is filed, the court will notify the plaintiff and the defendant that a new court date has been scheduled, both plaintiff and defendant are required to appear at the court hearing.

Both the claim and counterclaim will be heard by the court at the same time. There is a $40 charge for filing a counterclaim plus $10 for each additional service.

If you have a claim against another party (not the plaintiff) you may need to file a cross claim. The procedure is similar to filing a counter claim.

6. How is a trial date set up?

The case will be set for a default date after service is complete. The date is set at the time of filing. A summons is mailed or served to defendant immediately after the case is filed. Plaintiff is not required to appear in court on the default date. If the defendant answers the complaint or appears in court that date contesting the claim, a Report or Pre-Trial Hearing date is then set and both plaintiff and defendant are notified by mail of that date. Both plaintiff and defendant are required to appear in court for the trial. The trial will be held during regular court business hours.

7. What happens if I want a continuance?

Continuances of any Hearings may be had at the discretion of the court if you have a real emergency or an urgent reason. Continuance requests must be submitted in writing. If a continuance is granted, plaintiff and defendant will be notified by mail of a new court date.

8. What should I bring to a trial?

Bring all evidence and witnesses necessary to prove your case on the assigned court date, including such items as repair estimates (at least two), automobile titles or memo certificates, bills, receipts, letters, canceled checks, photographs, contracts, and any other papers having a bearing on the claim.

The people who should testify are those who actually participated in the events causing the dispute. Witnesses are essential to confirm your testimony or to relate relevant events that occurred when you were not present. If a witness will not appear voluntarily, you may subpoena him through the Clerk's Office. The cost and procedure will be explained to you by the deputy clerk.

9. What should I do on my court date?

Check in with the Clerk's Office or Bailiff at the time indicated and wait for your case to be called. Your case will be heard before a magistrate. Plaintiff, defendant and all witnesses will be sworn in, and each person will be given time to tell his or her side of the story.

Civil cases are normally heard in Courtroom No. 3 on the 3rd floor of the City Building.

Be on time: The court will not wait if you are late, and your case will be dismissed or a default judgment may be entered for the opposing party.

Do not interrupt: You will be given time to tell your side of the story and to respond to the other party's testimony. Do not interrupt to talk to your witness while the other party is speaking.

Be brief and to the point: Be prepared for your court appearance. Arrange your evidence so that it can be presented with your testimony. Try to make it a short, organized presentation of the facts.

Show respect for the court: When addressing the magistrate use "Your Honor."

10. What if I fail to appear in court?

If you are the defendant and fail to appear in court or fail to answer to the case prior to the default date or fail to appear for the trial (if one is scheduled), a default judgment may be entered for the plaintiff if the magistrate decides that plaintiff has proven his or her case. If you are the plaintiff and fail to appear in court for a trial, the case may be dismissed.

11. How do I find out about the court’s decision?

The decision of the magistrate will become known to you in one of two ways. You can find these options on the Court Decision page.

12. How should I collect the judgment?

The individuals or corporation that wins a money judgment is known as the judgment creditor. The loser is called the judgment debtor. There are several ways you can collect money owed to you on a judgment. The best way is voluntary payment by the judgment debtor. After you receive your judgment, you should contact the judgment debtor and attempt to arrange for payment either all at once or in installments.

13. What is a judgment lien?

This is a procedure whereby you place a lien on the real estate owned by the judgment debtor. Just having the lien will not get your money for you. In order to use this as a direct method of collection, you will have to foreclose on the lien which is a complicated procedure for which you should have an attorney. The initial steps for obtaining a lien, however, require your getting a certificate of judgment from the court which granted the judgment and then filing the certificate with the clerk of the Common Pleas Court in any county where the judgment debtor my own real estate. The fee for a certificate of judgment is $15.

14. How do I find property to garnish or attach?

The easiest way to do this is to file for a debtor's examination which requires the debtor to come into court and testify under oath as to his assets, liabilities and personal earnings. Then the judgment creditor has the information to proceed to enforce the judgment. The fee for a debtor's examination is $35.

15. How can I get help enforcing the judgment from the court?

The judgment creditor can get the assistance of the court to fill out the necessary papers. The court, however, cannot give legal advice. You will have to employ an attorney for this.

It is possible that your judgment is not collectable. Although the court can assist you within limits in enforcing your judgment, it cannot make the judgment debtor pay something he or she does not have.

16. What can I do if the debtors refuse to pay?

The most common method to force the judgment debtor to pay is by garnishment. Garnishment means that the court orders the judgment debtor's bank or employer to pay the balance in his or her bank account or up to twenty-five percent of his net earnings into court to satisfy the judgment. To pursue this method, the judgment creditor must take the first step by filing the proper papers with the court and paying the costs. The court will not initiate such action on its own. Costs are recoverable through the garnishment.