A. PROCEEDINGS
Pursuant to R.C. §1925.01, each Butler County Area Court has established a small claims division. Proceedings in the small claims division are conducted by a magistrate appointed by the court. Decisions of the magistrate may be appealed to the judge. The appearance of an attorney at law on behalf if any party is permitted but not required. Notice to the attorney of record for a party is equivalent to notice to the party.
B. JURISDICTION
The small claims division has jurisdiction in civil actions for the recovery of taxes and money only, for amounts not exceeding three thousand dollars ($3,000), exclusive of interest and costs. R.C. §1925.02 A small claims division does not have jurisdiction in any of the following: 1.) libel, slander, replevin, malicious prosecution and abuse of process actions; 2.) actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized officer or employee of the state; 3.) actions for the recovery of punitive or exemplary damages. See R.C. §1925.02(A)(2) for more detail.
C. COMMENCENENT OF ACTION
Pursuant to R.C. §1925.04, an action is commenced in the small claims division when the plaintiff, or the plaintiff’s attorney, states the amount and nature of the plaintiff’s claim to the court. The commencement constitutes a waiver of any right of the plaintiff to trial by jury upon such action.
The plaintiff, or the plaintiff’s attorney, shall state to the clerk of courts, the plaintiff’s and the defendant’s place of residence, military status of the defendant, and the nature and amount of the plaintiff’s claim.
The claim shall be reduced to writing in a concise, nontechnical form. The writing shall be signed by the plaintiff or the plaintiff’s attorney, under oath.
A memorandum of the time and place set for trial shall be given to the person signing the writing. The time set for trial shall not be less than fifteen (15) or more than forty (40) days after commencement of the action.
All small claim complaints filed in this court shall be numbered consecutively with civil cases and shall carry a prefix of CVI. Claims filed shall be entered in the General Civil Index. All papers filed with the court must contain the case number and the clerk may refuse to accept any papers for filing that do not indicate the case number in the caption. Except by leave of the court, not more than twenty-four (24) claims may be filed in the small claims division by a single person within any calendar year. R.C. §1925.08.
D. CORPORATIONS
A corporation, which is a real party in interest in any action in a small claims division, may commence such an action and appear through an attorney at law. A corporation, through an officer or any salaried employee, may file and present its claim or defense in any action in a small claims division arising from a claim based on a contract to which the corporation is an original party, or any other claim to which the corporation is an original claimant, provided that the corporation does not, in the absence or representation by an attorney, engage in cross-examination, argument or other acts of advocacy.
E. FEES
At the time of commencement of the action the plaintiff, or the plaintiff’s attorney, shall pay the filing fee determined by the court. Pursuant to R.C. §1907.24, through December 31, 2002, the court shall collect, in its small claims division, seven dollars ($7.00) as an additional filing fee in each new civil action or proceeding for the charitable public purpose of providing financial assistance to legal aid societies within the state of Ohio.
F. NOTICE
Pursuant to R.C. §1925.05, notice of the filing shall be served on the defendant as provided by the Rules of Civil Procedure. If the notice is returned undelivered or if in any other way it appears that the notice has not been received by the defendant, at the request of the plaintiff, or his attorney, a further notice shall be issued, setting the trial for a subsequent date, to be served in the same manner as a summons is served in an ordinary civil action. The court may charge an additional fee if further notices are issued.