|
WEB SITE FAQ's
When I print out the site why is the right hand side of the page cut off?
The Internet displays graphics in a “landscape” format. We have used the maximum amount of space to display our site in a manner that we feel is easy to use. If you are experiencing problems printing the site, please modify your print settings under the printing properties to “landscape” orientation.
E-FILING FAQ's
What is e-Filing?
E-Filing is short for electronic filing, which is another means of filing documents with the Court.
What are the requirements to e-File my document?
At this time, only attorneys may e-File and to do so, they must first register with the Clerk of Court. Next, programming must be installed on your computer. Finally, anyone who e-Files must comply with Garfield Heights Municipal Court's Local Rule 7. For a complete list of requirements click here.
I am not receiving any emails sent by the Court, why?
To prevent SPAM, e-mail services now have special features that can be set according to your preferences. Internet providers like AOL, Yahoo!, and MSN Hotmail, have developed SPAM filters to give you a greater control over what e-mails are delivered to you. Click here to see more information and how to edit your email preference.
I received an email from the Court but I cannot see the attachment. Why not?
Email programs such as Outlook Express may block certain types of attachments by default. Click here to see how to change the settings on your computer.
SMALL CLAIMS FAQs
Is a lawyer required?
No, it is not necessary to have a lawyer in small claims court. The procedures are simpler than in regular civil court and the hearings are more informal. However, anyone who wishes to have an attorney can do so.
What kind of case can be filed in small claims court?
A complaint that asks for money damages only, and up to $3,000, exclusive of court costs. The court also accepts counterclaims for money damages up to $3,000, exclusive of court costs.
Who can sue and be sued?
Any person, company or organization can file a claim or have a claim filed against them. A person under eighteen years of age can sue or be sued through her of her parent or guardian. A person who brings the action is called the plaintiff, and the person against whom it is brought is called the defendant.
What does it cost?
The filing fee for a small claims complaint with one defendant is $50.00, and for each additional defendant there is an extra cost of $10.00. The fees must be paid at the time you file. You may ask the court to require your opponent to pay court costs incurred by you in the addition to the amount of the judgment itself.
What do I have to do to start a small claims action?
You must file a complaint. You can use the form provides by the office of the Clerk of Court or download the form here. You must have the following information:
- a. Fall name and address of the defendant.
- b. This includes the correct legal name if you are suing a business. Only a corporation can be sued in the company’s name. An unincorporated business such as a sole proprietorship or partnership must be sued in the personal name of the owner of partner, such as John Smith dba Smith’s Car Service. The letters “dba” stand for “doing business as”. If you are unsure whether a business is incorporated, contact the Ohio Secretary of State at its website which is located at http://www.sos.state.oh.us/sos/.
- c. Whether or not the defendant is on active military duty.
- d. A short, plain statement of your claim.
How do I know if I can file my claim in Garfield Heights Municipal Court?
The Court has jurisdiction if the transaction or incident on which the claim is based took place in its territorial jurisdiction, or if the defendant resides or is located with this jurisdiction. The jurisdiction of the Garfield Heights Municipal Court includes Garfield Heights, Brecksville, Cuyahoga Heights, Independence, Maple Heights, Newburgh Heights, Valley View, Walton Hills, and the Metroparks.
How do I prepare my claim?
Write or type a short, plain statement of the claim on the small claims complaint form provided by the Clerk of Court. You may also download the form here.
How do I serve the defendant?
Your complaint will be sent to the defendant by certified mail. If the post office return indicates that the service is not perfected, you must make other arraignments to serve the defendant, depending upon the reason that the service is not good.
What happens next?
Provided you have good service against the defendant, your case will be set for trial before a judge or magistrate.
What if I can’t come on the day the trial is scheduled?
File a written request for a continuance of the date. Whether or not it is granted will depend upon the discretion of the court. The Court will rarely grant more than one continuance of the hearing.
What happens if the defendant files a counterclaim for more than $3,000?
In that case, the defendant should also file a motion asking to have the case transferred out of the small claims court to the regular civil docket.
PROBATION FAQs
I have been placed on probation. Now what?
You will be required to report, in person, to the probation department on a regular basis, generally at least once a month.
Where do I go for probation appointments?
Go to the second floor of the Garfield Heights Municipal Court located at 5555 Turney Road, Garfield Heights, Ohio. There is a sign-in sheet located next to the probation officer’s office which is directly next to Judge Weiler’s courtroom. Remain in the waiting area outside of the office until your name is called.
What if I miss an appointment?
Write a letter to the probation officer explaining the reason for your absence and requesting a new reporting date.
What if I receive a notice of a probation violation?
You must report for the hearing on the date and time stated on the notice. You are entitled to be represented by an attorney at the hearing and may request the appointment of counsel if you are unable to afford an attorney.
I am unable to pay all of my fines and costs on time. What do I do?
Write a letter to the probation officer with a letter explaining the situation and requesting additional time to pay. Be prepared to pay a reasonable monthly amount until fines and costs are paid in full.
What do I do if I change my address or telephone number?
You must provide the probation officer with written notice of your address and telephone number as well as change of name.
What should I do if I am the victim of a crime or traffic offense?
You are entitled to receive notice and attend all hearings involving the case. You may also write a letter to the Court describing any request for restitution, including any receipts or other documentary information. You are also entitled to submit a victim impact statement for the Court’s consideration.
For more information, please contact us:
5555 Turney Road
Garfield Heights, Ohio 44125
Phone: 216.475.1900
Fax: 216.475.3087
E-mail: info@ghmc.org
|