Civil & Small Claims Court

Small Claims Court

Small claims court has jurisdiction over

• Civil cases seeking a money judgment of up to $5,000
• Recovery of personal property valued at up to $5,000

Representation

• All parties shall represent themselves without attorneys.
• A corporate or partnership plaintiff or defendant may be represented by an
  • owner
  • general partner
  • officer
  • employee

Filing Your Small Claims Case

You will need to

• come to the clerk's office between the hours of 8 a.m. and 4 p.m.
• pay a fee to file your small claims case

Two types of warrants handled by small claims

1. Warrant in Debt is filed if you are seeking a money judgment, or
2. Warrant in Detinue is filed if you are seeking to obtain possession of personal property wrongfully withheld by the defendant.

When filing your claim, you will need

• correct name and address of the person(s) or business you are suing.
• for the Warrant in Debt you will need the
  • amount you are suing for
  • reason you are suing.
• For the Warrant in Detinue you will need the
  • description of the property
  • value
  • reason for the claim.

NOTE: With regard to the correct name of a business or corporation, and the correct serving party, you can obtain assistance from such sources as the Better Business Bureau, county business license office and the State Corporation Commission.

When your paperwork is filed

You will be given a court date (return date) to come to court.
You will need to be present in the courtroom assigned to you at the time of filing on the date and time assigned.