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For Unincorporated businesses, if you operated more that one Middletown business, a net operating loss can be used to offset profits from any other type of Middletown business you operate. The remainder of the loss that could not be offset to other business profits can be carried forward to be used as a future offset for up to five years. Net operating losses cannot be used to offset wages.
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.
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.
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.
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."
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.
When you arrive at the court, please park in the South lot. The Municipal Court is located on the main level of the city building. When arriving please enter the courtroom and check in with the bailiff.
Upon being called to jury duty, you will be subject to questioning by the judge and trial attorneys. This questioning is Voir Dire (pronounced "vore deer"). Voir Dire is an opportunity to explore your appropriateness for this particular trial. You may be asked questions that seem personal. The questions are not meant to embarrass but to provide information for the final selection of the panel of jurists. You may be excused "for cause" or "peremptory challenges." Jurors who are excused for one case may still be eligible to sit on another.
If you are not able to employ counsel, you may qualify for a court appointed attorney at no cost to you. Court appointed attorneys are usually present in court and in many cases may speak with you the same day.
If you do no qualify for a court appointed attorney and need information about hiring an attorney, you may contact the Butler County Bar Association at 513-896-6671.
Where a business fails to withhold the income tax from the employee, the City will hold the business responsible for paying the tax.
Tenants need to bring in to our office their signed lease, a picture ID and social security numbers of all adults on the lease, and pay a water deposit of $200 plus any outstanding balances of all parties on the lease. Owners need to call our office at 513-425-7766.