Civil & Small Claims Court
Types of Cases
Civil Division handles cases involving
- Monetary claims up to $25,000
- Claims for recovery of personal property
Examples of civil cases are landlord and tenant disputes, contract disputes and personal injury claims.
If your civil suit is for $5,000 or less, you may be able to file your case under the 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
- All parties shall represent themselves without attorneys.
- A corporate or partnership plaintiff or defendant may be represented by an
- general partner
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
- Warrant in Debt is filed if you are seeking a money judgment, or
- 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
- 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.