Small Claims

Small claims suits may be brought for amounts in controversy not exceeding $10,000.00. Small claims are one of three types:

• Money Judgment –A money judgment occurs when the plaintiff asks for past due money (ex., loans, damages or to reclaim personal property)
• Forcible Entry –A forcible entry occurs when the plaintiff is collecting back due rent and seeks possession of the property. The Forcible Entry process begins by posting a five (5) day notice, notarized by the plaintiff. If the defendant has not moved out by the 6th day, then the plaintiff may file the Forcible Entry case. Forcible Entries are set for hearing between five (5) and ten (10) days after filing. No Forcible Entries will be filed on Fridays.
• Replevin/Money Judgment –This type of case is filed when the plaintiff wants the property or the money value of the property.

The necessary forms to initiate a small claims action are available in the Court Clerk’s office. You must fill out a cover sheet including both the plaintiff’s and defendant’s information. For one defendant, you will need four (4) copies of the Small Claims Affidavit. If there is more than one defendant, you must add another copy of the affidavit for each additional defendant.

Small claims cases are set for hearing approximately 4-6 weeks out. Court is held on Wednesdays at 9:00 a.m.

Filing fees must be paid at the time of filing.

Service Fee:
The plaintiff must also see to it that the defendant is served a notice that the small claim action has been filed. There are three choices for service:

• The Sheriff may serve notice. This method requires $50.00 payable to the Court Clerk’s office.
• A private process server may serve the paperwork. You are responsible for delivering the paperwork to the private process server and paying their fee.
• Certified Mail is a $10.00 fee payable to the Court Clerk’s office. The defendant will have to sign for the document to show personal service.

Collecting judgments:
You should appear in court on your court date, whether or not the defendant has been served. When your name is called, inform the judge that you are present and you are the plaintiff or defendant.

If the plaintiff receives judgment, then it is the plaintiff’s responsibility to file the journal entry form with the Court Clerk’s office once it is signed by the judge.

There are several ways to collect judgment, such as through garnishments or a hearing on assets. However, the Court Clerk’s Office does not collect civil judgments nor can we advise you on the best course of action to collect a civil judgment. Garnishment paperwork is available at the Court Clerk’s office.

The following forms are available online:

• Small Claims Cover Sheet
• Money Judgment Affidavit
• Replevin/Money Judgment Affidavit
• Forcible Entry Affidavit
• Five Day Notice
• Statewide Process Servers
• Counterclaim or Setoff

If you have questions regarding the Forcible Entry & Detainer, please consult the Landlord Tenant Act.

If you have any questions regarding Replevin/Money Judgment or Money Judgment, please call the Small Claims Clerk at (580) 237-0232.