Perrysburg Municipal Court

General Information

The monetary jurisdiction is a maximum of $6,000 for a small claim filing and $15,000 for a civil filing.

To file a small claims or civil case in the Perrysburg Municipal Court, the action must have occurred or the defendant must reside within the geographic jurisdiction of this court. Anyone filing a trusteeship must reside within the geographic jurisdiction.

The jurisdiction of the Perrysburg Municipal Court covers the geographic area of the cities of Perrysburg, Rossford, and Northwood; the townships of Perrysburg, Lake, and Troy; and the villages of Luckey, Millbury, and Walbridge.

Civil Court Costs

Complaint for money only including third party complaints, cross-claims, and counterclaims involving new parties, but excluding cognovit complaints
Up to two defendants	$95.00
Each additional defendant	$8.00
Complaint with praecipe requiring commercial carrier (FedEx) service	$110.00
Each additional defendant	$20.00
Complaint for money, cognovit note action
Includes $10.00 for attorney confessing judgment	$95.00
Complaint for money, small claims division only
Original	$55.00
Amended and/or counterclaims	$8.00
Complaint in forcible entry and/or detainer
Ejectment cause only	$105.00
Ejectment cause with second cause for rent and/or damages	$115.00
Each additional defendant	$8.00
Writ of Restitution	$15.00
Complaint in replevin	$95.00
All other complaints and petitions	$95.00
BMV petitions	$95.00
Application for court trusteeship	$55.00
Add creditor to trusteeship	$8.00
Petition or motion to revive judgment	$15.00
Motion to vacate judgment	$15.00
Certificate of judgment
Filing and docket certification from another court	$10.00
Issuance from Perrysburg Municipal Court	$10.00
Exemplified transcript	$10.00
Post-judgment proceedings
Proceedings in aid of execution	$20.00
Garnishment (personal earnings)	$75.00
Garnishment (other than personal earnings)	$20.00
Respondent's/Garnishee's fee (made payable to garnishee)	$1.00
Execution of judgments/attachments of property	$25.00
Subpoena	$5.00
Marriage Fee	$15.00
Jury demand	$80.00
Jury deposit pursuant to P.R. 2.04(B)	$500.00
Service of process after initial issuance of process
Certified mail	$8.00
Bailiff (* plus mileage)	$8.00
Sheriff or foreign county	$20.00
Publication (calculated per case)
Appraisal fee - attachment/replevin cases	$250.00
Transfer from Small Claims to Civil	$50.00
Order granting execution and transfer of title on mobile homes
(notification of interested parties sent certificate of mail)	$15.00

Mediation

Mediation is a process in which a third party promotes and facilitates communication between the parties to help them resolve their differences. Most disputes which reach the court could have been settled more quickly and easily through better communication. Mediation provides for informal communication in a relaxed atmosphere.

A mediated agreement not only saves valuable court time and resources, but also, and just as importantly, results in a disposition which the parties have made themselves -- as they have deemed most fair under the circumstances, and one which is more likely to be adhered to than a court imposed judgment.

The mediation procedure is generally voluntary, but because this court's mediation program operates on a post-filing basis, it is necessary for all parties involved to consent to mediation. Post-filing simply means that all mediation cases originate from the filing of a small claim or civil complaint. The only fee charged is the filing fee at the time of filing the complaint. There is no additional fee for mediation. If the dispute is not settled in this manner, the claimant has lost nothing, and the case is referred back to the court for hearing or trial. If the case does settle at mediation, the inconvenience of a full-scale trial for claimant, respondent, and their respective witnesses is avoided. In addition, both sides win with neither side risking the loss of having the judge decide against them, saving the expense of attorney fees, and the time, effort, and money that could be spent gathering evidence.

All mediation sessions are scheduled through the court, with no additional fee to either party. As a final reminder -- if the matter is settled now, the parties will have the satisfaction of having solved their own problem(s) without regard to who won or lost -- all involved will be winners.

Why Mediate?

	Lawsuit	Mediation
Decided By	The judge or jury	You and the other party
Privacy	Matter of public record	Sessions are private and confidential. Any entries signed by the judge may become part of public record.
Vol. Compliance	40%	85%
Support People	Generally, by subpoena	Not necessary
Attorney	Usually necessary	Welcome as adviser
Limitations	For money only (i.e. the small claims limit is $6,000	Limited only by the parties' imaginations and decisions to agree to proposals.

Evictions

The Eviction (Forcible Entry and Detention) Filing Process

Only the deeded property owner can sign and file an Eviction Complaint without an attorney with limited exceptions. All other Eviction Complaints must be signed and filed by an attorney on behalf of the owner or property management company. A person is not permitted to use a power of attorney to represent another person in court. If you have questions about whether you can legally file and pursue an eviction action, you should consult with an attorney.

When you file the action, you must file a Complaint in Forcible Detention with a copy of the Notice to Leave Premises¹ that you served on the tenant(s) attached. The complaint and notice forms may be downloaded from the court's website. It is your responsibility to make sure the forms you use comply with the requirements of Ohio Law, including R.C. 1923.04 and 1923.05.

To File the Eviction Case, You Will Need:

• A copy of the Notice to Leave Premises that you served on the tenant at least three days prior (30 day notice may be required for an eviction based on failure to fulfill tenant obligations other than payment of rent as described in R.C. Sec. 5321.
  • An Eviction Complaint should not be filed until the FOURTH day after service of the notice to leave premises (do not count weekends, holidays, or the date of service when calculating time).
• Your original Complaint in Forcible Detention filled out clearly and legibly.
• Accurate and complete information in the caption and the body of the Complaint in Forcible Detention. Make sure you:
  • Spell the name of the tenant(s) correctly; and
  • Include complete addresses for the property and the location where the tenant(s) will be served. A complete address must include the number, street name (including whether it is a street, avenue, boulevard, etc., whether it includes a north, south, east or west designation), any apartment or unit number or letter, and an accurate zip code.
• Two additional copies of the Eviction Complaint and all attachments for each tenant that you are evicting.
• $105.00 filing fee for one cause (eviction only) or $115.00 filing fee for two causes (eviction plus back rent and/or damages)

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¹ In Ohio, the Notice to Leave Premises for residential property must contain the following paragraph boldly and conspicuously:

You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.

The eviction trial will be set on the first available Tuesday at 2:30p.m., at least 21 days out. If a two cause complaint is filed, the trial damages will be set after eviction is granted and upon your request for a damages hearing only after a minimum of 28 days have elapsed since service of the complaint upon the tenant. The entire case will be dismissed if you fail to appear for the first cause hearing and no not file written notice of first cause only dismissal with the court prior to the scheduled court date.

PLEASE NOTE:

COURT EMPLOYEES ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE.

If you have any additional concerns or questions, you should consult an attorney.

Download Complaint in Forcible Detention

Download Notice to Leave Premises (3 Day Notice)

Download Notice to Leave Premises (30 Day Notice)

Small Claims

Download "A Citizens Guide to Small Claims Court"

Download Small Claims Complaint Form

Download "How to Prepare and File Your Claim"

How to Prepare and File Your Claim

1. Plaintiff: The person filing the claim is known as the "plaintiff'. As the plaintiff, you may claim money that is due to you only. You may not file a claim for someone else's money. Enter your legal name and your full address including zip code in the upper left hand corner on the lines designated.
2. Defendant: The party you seek money from is known as the "defendant". In the upper right hand corner of the form on the lines designated, enter the name, address, and phone number (if known) of the defendant. If there is more than one defendant, enter the names, addresses, and phone numbers of each of the defendants.
   
   If you are filing against a corporation, enter the name of the corporation and the address of its usual place of business. All cases must be properly venued; that is, properly within the court's geographic jurisdiction. Generally, venue is proper in the cities of Perrysburg, Rossford, and Northwood; the townships of Perrysburg, Lake, and Troy; and the villages of Luckey, Millbury, and Walbridge if either the incident or transaction giving rise to the claim occurred in the locations mentioned, or if the defendant resides or conducts business in the locations mentioned.
3. The Amount of Your Claim: You may ask for money only. No other recovery is permitted in the Small Claims Division. You may not recover "punitive damages", nor lost wages, traveling expenses, costs of obtaining evidence, baby-sitting and the like, incidental to your court action. You may recover court costs and interest from the defendant if you win your case.
4. The Nature of Your Claim: In a brief statement, explain why the defendant is indebted to you. include in your explanation where, when, and how the debt arose. It is not necessary to explain your past efforts to collect this money.
   
   In your statement, always refer to yourself as "plaintiff' and the opposing party as "defendant". Here are examples of complaints which are commonly filed in the Small Claims Division:
1. Complaint for Motor Vehicle Property Damage:
1. On (date of accident), at (street location) in (City), Ohio, defendant negligently operated a motor vehicle into plaintiff's (make, model) automobile, proximately causing $_____ in damage.
2. Complaint for Money Lent:
1. Defendant owes plaintiff $ ______ for money lent to defendant on (date of loan).
3. Complaint for Wages:
1. Defendant owes plaintiff $______ for wages earned between (date) and (date).
4. Complaint for Rental Security Deposit Refund:
1. On (date), plaintiff and defendant entered into an agreement for the rental of the premises commonly known as (address of rental property). Plaintiff paid defendant $_____ as security deposit, to be refunded to plaintiff at the termination of the rental agreement.
2. On (date), the rental agreement was terminated and plaintiff gave to the defendant plaintiff's forwarding address in writing. Defendant has failed to refund plaintiff's security deposit.
5. Complaint by Business for Money Due:
1. Defendant owes plaintiff $_______ on an account, a copy of which is attached hereto as Exhibit 'A' (you will need to supply three copies of the account as exhibits).


The examples above demonstrate a concise, non-technical way of stating the facts so anyone reading your complaint may understand the nature of your claim. If the examples do not apply to your case, simply state the facts in your own words.
5. Signing the Form: You must sign the form in the presence of the Deputy Clerk of the Court or a Notary Public. Below your signature, please provide a phone number where you may be reached during the day.
6. Filing Procedure: Return the form to the Civil Division office. The clerk will schedule your case for trial. You must pay a $55.00 filing fee with the Clerk at this time.
7. Legal Advice and Assistance: Representation by an attorney at law is permitted, but it is not required. If you need legal advice, you should contact your attorney.
8. Corporations and Limited Liability Companies: Corporations and limited liability companies may only file a complaint in small claims or appear in court to defend a small claims complaint through an attorney at law, a bona fide officer, or a salaried employee. Without an attorney, a corporation or a limited liability company may only present their own testimony and they may not engage in any acts of advocacy, including argument and cross-examination.

Collecting a Judgment Awarded by Small Claims Court

A judgment gives you a legal right to collect the amount awarded by the court. The best and simplest way to collect your judgment is to contact the other party and arrange a voluntary payment, either in a lump sum or in installments.

If the other party refuses to pay the judgment amount voluntarily, you may use the available legal collection methods. However, you must provide the court with the information listed with each collection method. Be sure to have your case number.

Collection Methods

Wage garnishment: Exact name and address of the other party's employer.

Bank garnishment: Exact name and address of the other party's bank.

Attaching money in cash register: Exact name and address of the other party's business and location of cash register at the business.

Attaching personal property: Exact location and description of property (serial number, make and model, etc.). Be advised that this method involves the following costs: three appraisals, the costs related to the actual sale of the property, and a bond in an amount determined by the court.

Liens: Exact location of real estate. Record certificate of judgment at the County Recorder's office, County Courthouse.

License Revocation: Name and address of defendant, birth date, social security number, date of accident, operator's license number, and small claims case number.

All inquiries must be accompanied with your civil small claims case number.

The Steps Required to Collect

Bank Garnishments

1. Find out where the debtor has bank accounts.
2. Bring the filing fee to the Small Claims Division. Have your case number handy. Fill out the necessary forms with the Small Claims Clerk.
3. The bank has up to two weeks to respond, after which time, you can check on the bank's response by calling the Small Claims Division and giving your case number to the Small Claims Clerk.

Wage Garnishments

1. Pick up a 15 day notice form from the Small Claims Division and mail this form certified mail to the debtor. Save your certified mail receipt and an extra copy of 15 day notice.
2. After 15 days have passed, bring to the Small Claims Division the green certified mail card that is returned to you (signed or unsigned), receipt to show proof of mailing, and copy of the 15 day notice you sent. Have your case number handy.
3. The 15 day notice is valid for 45 days from the date of mailing. However, you cannot begin garnishment proceedings until the first 15 days have passed. This means that the 15 day notice is good for proof of mailing purposes for a period of 30 days.
4. Once you have filled out the wage garnishment forms completely with the name and address of the debtor's employer and after paying the filing fee, the garnishment forms will be served on the debtor's employer. The employer has up two weeks to respond, after which time you may check on the employer's response by calling the Small Claims Division. Have your case number handy.

Fees

Wage Garnishment	$ 75.00
Bank Garnishment	$ 20.00
Respondent Fee	$ 1.00
Attachments	$ 25.00

Trusteeship

Filing fee: $55.00

Requirements to be eligible

• Must have a current garnishment or notice of pending garnishment.
• All debt must be in the name of the person filing.
• Must be employed or live within our jurisdiction.

Requirements to file

Download "Application for the Appointment of a Trustee"

Download "Statement as to Creditors"

• All original bills of debt must be provided with current balance owed, account number, and payment address for creditor.
• Interest must be paid outside the trusteeship on any interest bearing accounts.
• Only bills over $25.00 are accepted.
• No current utility bills will be accepted. Only closed utility accounts with a past due balance will be accepted.
• Car payments are accepted, but the car can still be repossessed.
• Debt incurred before the trusteeship may be added after the initial filing for an additional $8.00 only upon approval by the Judge/Magistrate.

Items to Remember About Your Trusteeship

1. Always be sure that you have your trusteeship number when making payments or calling the office regarding your account.
2. PAYMENT WILL NOT BE ACCEPTED WITHOUT YOUR PAY STUB. When a payment is made at the counter, present your pay stub so that the minimum payment of 25% may be verified. When mailing payment, enclose your pay stub along with your check or money order and trusteeship number. If you wish to have your pay stub returned, enclose a self-addressed, stamped envelope.
3. The amount to be paid into the trusteeship account is figured by adding everything EXCEPT TAXES back into your net (take home) pay; i.e., uniforms, union dues, insurance, child support, etc. On this amount we take the 25% for your trusteeship payment.
4. Whenever you are off work for ANY reason, inform the Trustee Clerk IMMEDIATELY. You must report every two weeks should you be off work for an extended period of time. However, if unemployed indefinitely, your trusteeship must be terminated, as employment is a prerequisite for trusteeship and there must be a regular deposit of monies into your account.
5. If you change your job or address, you must advise the court IMMEDIATELY.
6. Your account will be terminated if no payment is received for 30 days. Re-filing cannot be made before a six month period has lapsed.
7. You MUST pay on each pay check you draw. NO EXCEPTIONS ALLOWED even though it may be only for one days work. This applies also to vacation pay and unemployment checks. Payment must be received within three (3) days of receiving your pay check.
8. Interest must be paid outside the trusteeship on any interest bearing accounts.
9. Only with the Judge's approval will bills be accepted after 30 days from filing the trusteeship. A fee of $8.00 will be charged each time you add new accounts.