Toledo Skyline

Civil Division - Civil General

 

Complaints
In a Civil case, plaintiff or plaintiff’s attorney shall file one original and one copy for every defendant. A party may extend for 28 days the time required to file a response to a complaint, a counterclaim, cross claim or a third party complaint if written application is made to the Clerk of Court beforehand. Additional extensions of time may be granted by the court pursuant to Rule 7(b) of the Ohio Rules of Civil Procedure (or by written stipulation of the parties). The complaint amount is limited to $15,000.00

 

Service shall be made in accordance with Ohio Rules of Procedure.

 

All motions shall be filed in duplicate with the Clerk of Court.

 

The filing of a new complaint should not exceed our jurisdictional amount and of the parties must live within our venue or in the case of an accident, it occurred here. All complaints filed with the Clerk shall be originals or legible copies, handwritten in ink or typewritten on 8 ½ x 11-inch paper with a proper heading, your Supreme Court number, your signature, notarized, have sufficient copies and the correct court costs. Attorneys must include their Supreme Court Number.

 

Once proper service is obtained against a defendant, the defendant has 28 days to file an answer. If the defendant files an answer, that case is immediately assigned to a Judge.

 

The assigned Judge then reviews the case. A decision will be rendered depending on what option was selected on the case management form.

 

Collection may be enforced by executions, license revocations, liens, wage and non-wage garnishments.

 

Evictions
A forcible entry and detainer may be filed with the court and is set for hearing 14 days from the date of filing or as the court’s docket permits. The court needs an original, two copies for each defendant, and one copy that will be file stamped for the plaintiff. Service will be made for each defendant by the bailiff, certified mail if requested and ordinary proof of mailing.

 

Where a second cause of action is filed on an eviction case, that case will be set on the docket of the housing Judge.

 

Rent Escrow
To file a rent escrow, you must complete the rent escrow form and checklist. You must have a current address for the landlord and your rent. Citizens Dispute Settlement Program and the Housing Court Magistrate screen the case to determine whether the case is appropriate for mediation. If the case is not resolved through mediation, it is set on the housing court docket. The tenant continues to deposit rent with the court until the case is terminated.

 

The court will keep one percent of all money put into escrow as court costs.