[OH] After filing a small claims complaint, what additional forms do I need to complete my lawsuit in the correct court?

OH Personal Injury

Brandon

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Here are the basics of small claims in Ohio.

In Ohio, small claims cases are handled in municipal or county courts. For Trotwood, small claims cases are handled by the Dayton Municipal Court, because Trotwood falls within its jurisdiction. Ohio small claims cases are capped at $6,000.

The Correct Form:
The form you need is called a Small Claims Complaint. Each municipal court has its own version, but they are all essentially the same. This is not the same as a regular civil complaint.

The Small Claims Complaint generally includes:

Plaintiff’s name and address
Defendant’s name and address
A short explanation of what happened
The amount requested (up to $6,000)
Your signature (sometimes notarized)

For Dayton Municipal Court, the form is titled:
Dayton Municipal Court – Small Claims Complaint

You can obtain it from the Dayton Municipal Court website or the clerk’s office.

Once filed, the clerk schedules a hearing and serves the defendant. You bring your evidence (repair estimates, photos, wage loss documentation) to court.

Small Claims Complaint

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After this form, what forms do I get to finish filing my lawsuit in the correct claims court? No one will help me because I have no bodily injuries. All I have to sue for is damage to my car and loss of wages because I can’t work. No lawyer will take my case. I have to do this on my own.

Lexi, Chatbot

I understand how frustrating it can be to navigate the legal process on your own. What type of claims court are you looking to file your lawsuit in?

Small claims, I guess. One form only allows me to sue for $6,000, that’s it.

Lexi, Chatbot

Have you already completed any specific forms related to your case, and if so, which ones?

That’s just it. The form was a “new complaint” form, but it wasn’t the right one, according to the clerk at the courthouse. But the clerk who gave it to me said it was the right one.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your small claims lawsuit.

No. That’s it. All the clerk at the City of Trotwood courthouse showed me was a sign saying I should get a lawyer, but no lawyer has returned my calls or helped me in any way.

Brandon

Hi there and welcome to AskaLawyer. My name is Brandon, and I’m an attorney. I’d be happy to help. Please note this discussion is for guidance only and does not create an attorney–client relationship.

Where are you located?

I’m in Ohio. All I need is for you to tell me the correct name of the form or forms I need to file my lawsuit. Not how to do it — just the right forms to download. I don’t have money to keep paying $50 every time I log onto this site. If you’re a lawyer, you should be able to tell me. Surely these forms are the same in every state for small claims.

Brandon

Here are the basics of small claims in Ohio.

The Small Claims Complaint generally includes:

Plaintiff’s name and address
Defendant’s name and address
A short explanation of what happened
The amount requested (up to $6,000)
Your signature (sometimes notarized)

For Dayton Municipal Court, the form is titled:
Dayton Municipal Court – Small Claims Complaint

You can obtain it from the Dayton Municipal Court website or the clerk’s office.

Once filed, the clerk schedules a hearing and serves the defendant. You bring your evidence (repair estimates, photos, wage loss documentation) to court.

Okay, that form for up to $6,000 is not the one I need. My lawsuit is for car repairs and lost wages totaling $35,000. What form do I need now? Thank you for answering my questions. You are the first and only person to help me this far.

Brandon

You’re very welcome.

Is the form the same name even if the amount is different, or is the higher amount not considered small claims but a regular court filing?

Brandon

Here is the clear breakdown:

Small Claims vs. Regular Civil in Ohio
1. Small Claims Court: Maximum claim is $6,000. Uses a Small Claims Complaint.
2. Municipal Court – General Division: Claims over $6,000 and up to $15,000. Uses a Civil Complaint.
3. Court of Common Pleas: Claims over $15,000. Uses a Civil Complaint filed in Common Pleas Court.
Correct Form Names
1. $6,000 or less → Small Claims Complaint
2. Over $6,000 → Civil Complaint (sometimes titled “Complaint for Money Damages”)
Your Situation
1. Because you are seeking $35,000, your case:
  1. Cannot be filed in small claims court
  2. Cannot be filed in small claims court
  3. Requires a Civil Complaint, not a small claims form

This is why the clerk told you the small claims form was not correct.

Brandon

16,155 satisfied customers

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