You may contact the Small Claims Division during the office hours of 8:00 A.M. to 4:00 P.M., Monday through Friday.

You may file a small claims action in this court if the total amount of damages is $3,000.00 or less. The jurisdiction of the Hocking County Municipal Court includes all of Hocking County.

Q: Is Hocking County Municipal Court the appropriate court to file my civil action?
A: The answer is yes if ANY of the following statements is true:

• A Defendant lives in the jurisdiction, or the Defendant is a business that has its principal place of business in the jurisdiction.
• A person was injured or personal property was damaged in the jurisdiction.
• A Defendant signed or entered into a contract in the jurisdiction, a Defendant lived in the jurisdiction when the contract was entered into, a contract or obligation was to be performed in the jurisdiction, or the Defendant was a corporation and the contract was breached in the jurisdiction.

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Organize the case before going to court. Plan on what you will say and organize your testimony and arguments so the Judge will be able to understand clearly what happened and why you have been injured or wronged. Bear in mind you will have to convince the Judge not only that you are right but you are also entitled to a specific sum of money from the Defendant.

Collect all documents related to your case; receipts, cancelled checks, estimates, bills, contracts, photos, etc.

If you have a witness that is necessary to prove your case, you have the right to subpoena that witness to guarantee their appearance at your hearing. You may obtain the subpoena forms from the Clerk's office . The Court requests that the completed subpoena be turned into the Clerk's office at least five (5) days prior to the hearing. You must pay the court $2.00 for each witness subpoened. Out-of-state witnesses cannot be compelled to attend.

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At the hearing, the Judge will swear in all parties and witnesses; hear testimony and receive evidence.

Again, BE ON TIME. Court starts promptly at the time scheduled.

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Each side gets a chance to present testimony and evidence. Present your case in an orderly manner. Include all relevant facts and be sure to state the amount you are claiming and explain how you arrived at this amount. Show the Judge any documents or other evidence you have.

The other side will have a chance to question (not argue with) you on any points you have raised in your testimony. The Judge may also ask you clarifying questions. Remember, you are under oath and must answer truthfully and as completely as possible.

If you have witnesses, they will then have the chance to explain what they know about the case. They may also be questioned (cross-examined) by the other side. After the Plaintiff has finished, it is the Defendant's turn.

You will have the chance to question each witness for the other side. Do not interrupt or argue. Permit the Defendant or the witness to complete their testimony and then the Judge will give you a chance to ask questions.

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After the hearing, the Judge will then file an entry (his decision) with the Court. The Clerk will mail copies of the Judge's entry to the parties.

After the entry has been filed and if you object to the Judge's decision, you have fourteen (14) days to file an "objection" detailing the errors you believe the Judge has made. Send a copy of your objections to your opponent (or their attorney) when you file the objection with the Court. If no timely objections are made, the Judge's entry will be adopted as the final order of the Court.

Within fourteen (14) days of the filing of the entry, a party may serve and file written objections to the Judge's entry. If objections are timely served and filed by any party, any other party may serve and file objections within ten (10) days of the date on which the first objections were filed. The objections shall be considered a motion. Objections shall be specific and state with particularity the grounds of objection. Upon consideration of the objections, the Court may adopt, reject, or modify the entry; hear additional evidence; return the report to the Judge with instructions; or hear the matter itself. On appeal, a party may not assign as error the Court's adoption of a Judge's finding of fact unless an objection to that finding is contained in that party's written objections to the Judge's entry. The Court may adopt any finding of fact in the Judge's entry without further consideration. Unless, the party who objects to that finding supports that objection with a copy of allrelevant portions of the transcript from the Judge's hearing or an affidavit about evidence submitted to the Judge if no transcript is available. In deciding whether to adopt a Judge's finding of fact, the Court may disregard any evidence that was not submitted to the Judge. Unless, the complaining party demonstrates that with reasonable diligence they could not have discovered and produced that evidence for the Judge's consideration.

THE PARTIES MUST MAIL COPIES OF THE OBJECTIONS OR RESPONSES TO THE OTHER PARTIES AT THE TIME THEY FILE THE SAME WITH THE CLERK OF COURTS.

The Municipal Court Judge will review the record and rule on the objections. The parties will be notified of the decision of the Court.

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Small Claims cases are often over even before they begin. The Plaintiff appears at the initial hearing but the Defendant does not. The Judge grants the Plaintiff a Default Judgment. The Court will send a copy of the Default Judgment entry to the Plaintiff and Defendant. This judgment is just as enforceable as it would have been had the Defendant appeared, contested the case, and lost after putting on a spirited defense.

If you want to be sure the Defendant fully understands what has happened and that you are now a Judgment Creditor, it is your responsibility to notify them and request payment.

If the Judgment Debtor fails to pay, the collection lies with a more formal procedure. You may file to garnish the Defendant's wages or attach the personal property or bank account of the Defendant. Each of these collection steps requires additional forms and fees. IT CAN BE A LENGTHY PROCESS, BUT IT CAN WORK.

Before you collect from the reluctant Debtor, you must first know something about their finances. If you are already familiar with where the Judgment Debtor banks, works, lives, does business, etc., you may know enough to proceed with collection.

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When the party in a case receives a judgment, it is the responsibility of the Judgment Creditor to collect from the Judgment Debtor. By way of the judgment, the Court has confirmed that the Debtor has a legal, enforceable obligation to pay.

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Once a judgment has been satisfied in full, the Judgment Creditor files a request for satisfaction with the Court stating that judgment has been paid in full.

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In addition to the standard Judgment Debtor exam available to all Judgment Creditors, there is an additional, simplified process that may save considerable time. You may, therefore, wish to try this before moving to the more time-consuming Judgment Debtor hearing process.

1. Wait until thirty (30) days after the judgment.
2. Go the Clerk's office and ask for a "Financial Statement". Fill out the form with your case number, the name of the Judgment Debtor, and your name, etc. (This will cost you $5.00 to file.)
3. The Clerk will mail this form to the Judgment Debtor asking for a list of their assets, liabilities, and personal earnings.
4. The Judgment Debtor will be given one (1) week to return the information to the Clerk. They will be informed that failure to respond within the week could result in a charge of contempt of Court.
5. When the list of assets and liabilities is filed with the Clerk's office, they will then send a copy of it to you.
6. If the Judgment Debtor fails to return the completed forms to the Clerk's office, you may file for a "Show Cause Hearing".

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The Judgment Debtor examination is the court's way of helping Judgment Creditors learn about the Judgment Debtor's assets...information that then can be used to collect the judgment. While the by-mail process may be more convenient, you may find the information you receive is not specific or complete enough to enable you to proceed with collection. At this point, you may want to consult with an attorney to aid you in the process.

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If the Debtor is employed, has a checking account or savings account, you may "garnish" the Debtor's wages or the Debtor's bank account.

Garnishment is a process that lets the Creditor claim and take money owed by the Debtor from another person. For example, the typical employee is paid one or two weeks after actually earning their wages. The employer is holding the employee's money during that time and, through the garnishment process, may be required to pay a portion of these wages to the Creditor. Garnishment as a process consists of the following:

1. Mail a Fifteen Day Notice of Intent to Garnish ("Notice of Court Proceedings to Collect Debt") to the Judgment Debtor. This notice is not needed for a bank attachment. You will need to provide the Court with proof of mailing of this Notice and a copy of the Notice at the time the actual garnishment is filed with the Court.
2. After the fifteen (15) days have passed and the Defendant has not responded to the "15-Day Demand", go to the Clerk's office and complete a garnishment form. In all cases, you will need the correct mailing address for the garnishee (Debtor's employer or bank). There is a $55.00 filing fee for a wage garnishment. There is a $31.00 filing fee plus $1.00 check to bank for bank attachments for judgments of any amount. All additional filing fees paid to the Court, may be added to the court costs owed by the Judgment Debtor.
3. When the Clerk's office receives monies from the garnishee (Judgment Debtor's employer or bank), a check will be issued to the Judgment Creditor.

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Incomes from sources such as Social Security, Welfare, Workman's Compensation, Unemployment Compensation, etc. are exempt and protected from garnishment. It is also possible for the Judgment Debtor to block any action taken against a bank account if it can be shown the money in the account came from these types of sources (public assistance).

Law regulates the amount that Judgment Creditors can garnish from a Judgment Debtor at any one time. Creditors cannot attach the Debtor's entire paycheck and the most Creditors can obtain during any one period is 25% of the Debtor's take-home pay.

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If the Judgment Debtor fails to pay within fifteen (15) days of the judgment, the Judgment Creditor may, through the court, seize the Judgment Debtor's property, sell it, and collect the judgment from the proceeds. This process is referred to as "Execution on Property".

Although the concept is rather simple, the laws on execution have made it a bit more complicated. Again, you may want to consult with an attorney before going through this procedure. As explained below, execution against personal property to collect a judgment will usually make sense only when the property involved is worth considerably more than the amount of the judgment.

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Ohio law defines certain property as being "exempt" from execution. Prior to processing an execution, the Judgment Creditor must have some reasonable expectation that the property to be attached and sold is not exempt.

In the case of personal property (household goods, cars, jewelry, etc.), the exemptions are defined in terms of the Debtor's "interest" (in dollars) in that property.

For example, the law exempts the Debtor's "interest", not to exceed one thousand dollars ($1,000.00) in one motor vehicle. That means if the car is attached and sold, the first thousand dollars ($1,000.00) of the sale proceeds must go back to the Judgment Debtor. Thus, a Judgment Creditor seeking to collect a $500.00 judgment would gain nothing at all from an execution on a car which ultimately sold for $999.00. The judgment could not be collected unless the car sold for at least $1,500.00.

If you have any questions as to whether a particular item of property you intend to execute upon is subject to an exemption, you should consult an attorney. An additional obstacle to collecting your money through execution could arise if the Judgment Debtor owes money on the property to someone else, for example, a bank. In that case, you could be second or third in line when it comes time to collect from the sale proceeds. The proceeds from the sale are divided as follows:

• First: Any exempt amount claimed by the Debtor;
• Second: Paying costs of the sale itself;
• Third: Paying the judgment;
• Fourth: Anything leftover goes back to the Judgment Debtor.

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A "lien" (pronounced "lean") can be placed on real estate owned by the Judgment Debtor, if the real estate is in Hocking County and was owned at the time the case was originally filed. The lien must be renewed every five (5) years. The lien holder, Judgment Creditor, will recover the amount of the judgment when the property is sold. The procedure for filing a lien is fairly simple:

1. Go to the Clerk's office and ask for a "Certificate of Judgment". There will be a $21.00 fee due at this time. The Clerk's office will mail the certificate to you once it has been completed.
2. Take the certificate to the Clerk of Common Pleas Courts, Courthouse, 1 E Main St., on the 3rd floor. There will be a filing fee for this filing. For information regarding filing in Common Pleas Court call (740) 385-2616.

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Effective June 1, 2007

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