Claim forms are available at the court. If you file in person, a deputy clerk will assist you. If you are filing by mail, the complaint must be notarized before you file.
When filing a complaint, it is essential to have the following information:

• Amount you are requesting for damages
• Date and place of the transaction or incident that gave rise to the complaint
• Any information that would support your claim
• Correct name, address, home and business telephone numbers, if possible, of the party you are suing

To avoid later problems, make sure you are suing the proper party.

The court notifies the defendant of the claim by sending the claim with a summons by certified mail, return receipt requested or by 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.

Plaintiff should 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.

Receiving a summons means that you have been named a defendant in a case. If you wish to defend yourself against the claim, you may:

• Sign the form stating you wish to contest the complaint.
• Prepare the trial by organizing your case and collecting evidence.
• File a counterclaim, if you have one.

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.

The case will be set for a default date once service is obtained. The default date would be approximately 28 days after the claim is filed. The date is set at the time of filing. A summons and notice of default date are mailed 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 Contested 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 Contested Hearing. The trial will be held during regular court business hours.

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

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 Small Claims Division. The cost and procedure will be explained to you by the deputy clerk.

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.

Small Claims cases are heard in Courtroom #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".

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 Contested Hearing (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 Contested Hearing, the case will be dismissed.

The decision of the magistrate will become known to you in one of two ways:

• At the close of the hearing, the magistrate will announce his decision in open court in cases where the questions of law and fact are simple and also in cases where there is a dismissal or a default judgment.
• The magistrate will take the decision under advisement at the close of the hearing in more complex cases. Then, after review and consideration, the parties will be notified by mail of the magistrate's decision.

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.

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.

The easiest way to do this is to file for a debtor's examination. This 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.

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.

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.