There is a $57.00 filing fee for each Small Claims
filing fee is due at thetime of filing. This payment
can be made by cash or money order payable to Sandusky Municipal
Court. DO NOT ADD THE $57 FILING FEE TO THE AMOUNT YOU ARE ASKING
FOR ON THE COMPLAINT. The Court will automatically include
this amount in the Judgment figure, thereby charging the filing
fee to the Defendant.
You may ask for interest at the statutory
rate (currently 4% PER ANNUM-check with the court for rate at
the time of your filing). Interest is granted from the date of
Judgment. The court does not calculate interest, this will be your
responsibility to compute the interest and file with Court on a
If you are a business currently charging interest
or finance charges on the account, at the time of filing, you
should add these charges for two months into the future as your
case probably will not be on the docket prior to that time.
must know the complete address of the party you file suit against
(including street address, apartment number, P.O. Box number,
If you are a minor, under 18, you must have your
parent or guardian file the suit for you.
You may not sue a minor.
You may sue a minor through his parent or legal guardian.
CLERKS ARE NOT ATTORNEYS AND CANNOT, BY LAW, GIVE LEGAL ADVICE.
If you require legal advice, you must get advice from an attorney.
a judgment is obtained and the Defendant refuses to pay, the Clerk’s
office will supply the Plaintiff with the necessary forms to attempt
collection of the judgment.
If you are filing a small claim to retrieve
a rental security deposit, you cannot file a small claim if you
were evicted from the premises.
If you are a landlord attempting
to recover back rent from an ex-tenant, and have filed an eviction
case against the defendant, the eviction case must have been
dismissed without prejudice in order for you to file a small claim
to collect any outstanding back rent.
If a lease agreement was signed,
a copy must be included with your small claim filing.
If you are
filing for damages that resulted from an accident, and you have
not had the repairs made at the time of filing, you must provide
the Court with copies of two (2) estimates. YOU WILL FILE FOR THE
LESSER AMOUNT OF THE TWO ESTIMATES.
A Judgment must be granted
before any collection work can be pursued. In order to file a wage
attachment to collect on a small claim complaint, you will need
to know where theDefendant is
employed. THE COURT DOES NOT ACTIVELY PURSUE LOCATING EMPLOYMENT
OF THE PARTIES. If you do not know where an individual works,
you may file a bank attachment. If you do not know the actual banking
institute used by the Defendant, you may request a bank attachment
be issued to any local bank. Some banks do require the Defendant’s
social security number in order to honor the attachment, so if
you can provide the Defendant’s social security number it
will be helpful as the court does not have this information available.
Court will serve the summons on the Defendant by certified mail.
The court does not serve small claim complaints c/o an employer
as there is no proof that the defendant actually receives notification
of the filing of a claim. If there is a need for personal service
of a small claim complaint, there is an additional fee of $10
that must be paid prior to the issuance of the summons. This additional
fee will be charged to the Defendant if Judgment is granted to
When completing the multi-carbon form, do not
sign the complaint immediately as your signature will need to be
notarized. You may have your signature notarized by notary public
or you may bring the form to the Court and request that a deputy
clerk witness your signature.
Upon receipt of your filing and payment
of the filing fee, the court will mail you a notice of hearing.
YOU MUST APPEAR AT THE HEARING; FALURE TO DO SO, WILL RESULT
IN THE CASE BEING DISMISSED. The hearing will be held approximately
5-6 weeks after you file your complaint with the Court, and will
be held at 8:00 AM on a MONDAY, TUESDAY, WEDNESDAY OR A THURSDAY
in the courtroom located in the Sandusky City building, 222 Meigs
St., Sandusky, Ohio.
If service of the claim was made by certified
mail and the Defendant contacts you and wishes to make restitution
prior to the court date, please contact the court for the exact
amount that you need to collect.
If service of the claim was made
by personal service and the Defendant contacts you and wishes
to make restitution prior to the court date, please contact the
court for the exact amount that you need to collect.
IF THE DEFENDANT
FAILS TO APPEAR AT THE HEARING, YOU MAY BE GRANTED A DEFAULT
JUDGMENT. You must wait at least 14 days after the Judgment has
been granted, in order to allow the time for filing of any appeals,
before pursuing collection of the claim.
If a Judgment is not rendered
at the time of the hearing, due to a need of further review by
the Magistrate, you will receive a copy of the Magistrate’s
decision by regular mail. It could take several weeks, depending
on the time needed to further research the case before a decision
Once the decision has been made, both the Plaintiff
and the Defendant have a right to appeal the Magistrate’s
Decision. The fee to file the appeal is $50.00. You, therefore, must allow at least 20 days from the
time-stamped date indicated on the judgment entry before pursuing
collection. The additional time, beyond the 14 day limit, is to
allow for mail service of the Magistrate’s decision upon
After the appeal time has passed and you wish
to pursue the collection of the claim, if you know where the person
is working, you may file a wage attachment. The fee to file this
attachment is $10.00, made payable to Sandusky Municipal Court.
This fee will again be charged to the Defendant for reimbursement
to the Plaintiff. If you wish to file a bank attachment, the fee
is $1.00 payable, in a check or money order, to the bank where
you wish to attach funds. This $1.00 fee will not be charged to
the Defendant as reimbursement to the Plaintiff.
Small claims cases
will appear on credit reports and cannot be removed until the
Judgment and court costs have been paid in full.
Any funds received
by the Court, will be used to pay the court costs before any
payments are forwarded to the person receiving the Judgment Order. The Court shall charge a Commission fee for receiving and disbursing money paid or deposited with the Clerk of this Court pursuance to an order of the Court or on Judgments. The Commission fee shall be two percent (2%) on the 1st ten thousand ($10,000) and one percent (1%) thereafter.
SATISFACTION ENTRY IS NEEDED TO REMOVE THE CLAIM FROM A CREDIT
REPORT. THEREFORE, IN ADDITION TO THE JUDGMENT FIGURE, ALL COURT
COSTS MUST BE PAID BEFORE A SATISFACTION ENTRY CAN BE FILED WITH