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| SMALL CLAIMS DIVISION |
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| You
may file a small claims action in this Court if the total amount
of your claim is $3,000.00 or less. Small Claims Court is for
claims of money only. Therefore, when appearing in court you
must be prepared to justify or substantiate the dollar amount of
any loss you have suffered. |
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| The
jurisdiction of the Bryan Municipal Court is limited to the
boundaries of Williams County, Ohio. In order to file your claim
in Bryan Municipal Court you should be able to answer yes to one
of the following questions: |
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Does the defendant live in Williams County or is the defendant a
business that has its primary place of business in Williams
County? |
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Did
the defendant sign or enter into a contract in Williams County,
did he/she live in Williams County when the contract was entered into, was a contract or obligation to be
performed in Williams County or is the defendant a corporation and the
contract was breached in Williams County? |
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| Small
Claims Court does not have jurisdiction over such cases of libel,
slander, replevin, malicious prosecution or most actions of claims filed
by an agent or assignee. |
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Notice must
be served on the defendant(s) as provided for in the Rules of Civil
Procedure. Until the defendant has been served with a copy of the
summons, the judge will not hear the case. The court will always send
certified mail to the defendant first. If the certified mailing is not
signed for or if the post office returns the mailing marked “Unclaimed”
or “Refused,” the summons will be sent out by regular mail without
notice to you provided that you have checked the box on the complaint
asking for ordinary mail service. As long as the ordinary mail summons
is not returned, it is assumed that there is proper service. If
certified mail is returned marked “addressee unknown,” moved, left no
address,” etc. you will be notified by the court that no service has
been made. At that point, it is up to the plaintiff to ascertain a new
address and request the court to attempt service at another address. You
may call the court’s Small Claims Division a couple of days prior to the
trial date to determine if service has been made. |
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| Small
Claims cases will be set for trial not less than fifteen or more than
forty days after the filing of the action. When you appear in court
please bring the original and two copies (or adequate copies for all
parties involved) of any exhibits which you plan to introduce. |
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| Per Bryan
Municipal Court local rule, corporations shall be represented by an
attorney in court. |
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Filing fees in Small Claims Division |
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Small Claims Complaints |
$ |
33.00 |
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| Cost
for Each Additional Defendant |
$ |
9.00 |
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Amended Complaints |
$ |
10.00 |
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Counterclaim or Cross-Complaint |
$ |
33.00 |
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| Cost for Each Additional Defendant |
$ |
9.00 |
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Subpoena per name |
$ |
15.00 |
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Transfer to Civil Docket |
$ |
80.00 |
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Witness Fee per day |
$ |
12.00 |
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| Mileage
.10 per mile |
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| Please
remember that the Clerk and deputy clerks of the court are not attorneys
and cannot give you legal advice or instruct you on how to properly file
or present your case in court. |
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Collecting a Judgment |
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| After a
judgment has been rendered you must take action to collect the debt. If
the judgment is not paid voluntarily you may garnish the wages of the
debtor, you may obtain a judgment lien on any real estate the debtor may
own or attach any personal property that the debtor may own. The above
publication will provide you with additional information on these
topics. |
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| Copyright © 2009 Bryan Municipal Court, All
Rights Reserved |
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COURT RULES 
