The territorial jurisdiction of Tuscarawas County Court is listed on the cover page.
The Court has jurisdiction to hear civil actions for the recovery of money or personal property, the value of which does not exceed $15,000.00. The Court may also hear and decide actions in forcible entry and detainer (evictions).
If your business is a corporation or a limited liability company, you must retain an attorney to represent you.
An eviction action is called an action in forcible entry and detainer.The action is filed to determine who has a present right to possession of the real property.Usually, it is an action between a landlord and a tenant who occupies residential premises.Eviction complaints are available in the Clerk's Office, but Notices to Leave the Premises are not available. .
NEITHER THE COURT NOR THE CLERK'S OFFICE CAN GIVE YOU LEGAL ADVICEON THE FILING OF THE COMPLAINT OR ASSISTANCE IN COMPLETING THE FORM.PLAINTIFFS ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY.
The information provided is to help you understand small claims procedures in the Tuscarawas County Court. It is not a complete list of that procedure and you may telephone the Clerk's Office for additional procedural information. This information is not intended to be legal advice. If you have questions, you should contact an attorney.In the Link section of this website, we have included links to certain sites that have guides to bringing and defending small claims actions. The sites do not provide legal advice.These links are general guides and are not a substitute for you contacting or retaining an attorney.
The Small Claims division of the Court has jurisdiction over civil actions for the recovery of money only where the amount is $6,000.00 or less.Small Claims matters cannot include actions for libel, slander, replevin, malicious prosecution or abuse of process.
You do not need an attorney to file a small claims action, but you are free to have a attorney represent you. Please see the Local Rules if you are a limited liability company or a corporation.
A small claims complaint must state the amount and nature of the plaintiff's claim.The filing of the complaint waives any right to a jury trial.Small Claims forms are available in the Clerk's Office.The office is open Monday through Friday .The complaint must be signed in front of a clerk here at the Court or before a Notary Public if you mail it in.You must also have a filing fee of $36.00, plus $15.00 for each additional defendant.If filing in person, please note that the Clerk’s Office does not accept fees after .
It is important for the complaint to list the correct legal name of the parties, whether it is an individual, company, or corporation; and the correct address for each party.
Any Answer of the Defendant must be in writing and filed with the Court. Any Counterclaim of the defendant must be filed at least 7 days before the scheduled hearing.There is a $10.00 fee to file a counterclaim.
IF YOU ARE FILING A COUNTERCLAIM, CALL THE COURT A DAY BEFORE YOU ARE SCHEDULED TO APPEAR TO BE SURE YOUR CASE IS GOING FORWARD.
Copyright Tuscarawas County Court - Southern District 2005