Civil Division FAQs

• Did I get service on my case? Should I show up?

  The Court is required to mail a copy of the complaint to the defendant(s) by certified mail.  If the address is incorrect or service cannot be completed, the plaintiff will be notified of this and must provide the clerk’s office with an address so the complaint can be served on the defendant(s).  If service is not completed, the trial cannot go forward.  You may check service on your case by calling the clerk’s office at 664-4818 or visiting our website at www.clevelandmunicipalcourt.org .  If you do not have service, your case cannot go forward on the scheduled hearing date.

• How and when do I collect my money?

  When you obtain a judgment, you will have to take affirmative steps to collect the judgment.  The most common methods used are wage garnishments, bank account attachments and filing a judgment lien against the judgment debtor. 

  Once the judgment is journalized, it is important to wait until the 14 day objection period has expired before starting any collection attempts. 

• Why am I being garnished?

  There was a judgment rendered against you by a court of law.  The judgment creditor may take 25% of a judgment debtor’s net disposable earnings (earnings that are left after deductions required by law) for each pay period.  Once filed, the order of garnishment is continuous until the debt, court costs and interest are paid in full.

• How do I file a small claims case? What's the maximum amount of money I can claim?

  The Information Services Department of the Clerk of Court’s office is located on the 2^nd floor of the Justice Center. Our staff can assist you with the preparation of your claim. Bring with you the name(s) and address of the person(s) you wish to sue and any information you have regarding your claim.  For example, if your claim has to do with your neighbor’s tree that fell on your fence and caused damage, bring at least two estimates for the repair of that fence.  If you are suing a corporation, it is best to state the correct name of the corporation on the complaint.  You can contact the Secretary of State of Ohio by telephone to obtain the name of a corporation and the name and address of its statutory agent (appointed by the corporation to accept the service of legal papers).  The maximum amount of damages which can be requested in Small Claims Court is $6,000.00.  Please refer to Schedule C for proper filing fees.

• How do I file an Answer?

  Prepare your Answer on an 8 ½” x 11” piece of paper.  Always include the court name, the case caption (plaintiff and defendant name), the case number and your response to the lawsuit in writing.  You have twenty-eight days after you receive summons and copy of Complaint to answer.  The Answer is filed with the Clerk of Court on the 2^nd floor.  There is no fee to file an answer.

• I can't show up for court. How do I file for a continuance?

  Continuance of any hearing may be accomplished by filing a Motion for Continuance at least seven (7) days prior to the scheduled court date.  The seven (7) day period does not include the scheduled court date.  The “motion” is filed in the Clerk of Court’s office and must be accompanied with a $5.00 filing fee.  A request for continuance shall be in writing and must include the following information:

  • The case caption (plaintiff and defendant name)
  • Case Number as it appears on the Complaint and Summons you received from the clerk of court.
  • The date and time of your scheduled court date.
  • The reason for the request for continuance.
  • A service clause indicating that the other parties have been notified of your request for continuance and how you notified them.  E.g. regular mail, certified mail, etc.
  • Signature of the person asking for the continuance or his/her attorney

• How much money do I owe on my judgment?

  A judgment award usually includes a specific amount of money, plus any court costs paid and interest from the date of judgment.  Contact your Judgment Creditor for an exact amount due.

• How do I get a judgment off my credit report?

  You must contact the credit reporting agency that lists your debt to obtain the information regarding your case.  Normally, a debt must be paid to the judgment creditor to be removed from your credit report.  You may request that the judgment creditor satisfy your case once you have paid the full amount of the debt, court costs and any interest due.

• How much time does the losing party have to file an objection?

  Once a judgment entry has been journalized by the clerk, you have 14 days after that date to file your objections with the court.

• What is the trusteeship program and how do I sign up?

  Trusteeship was established by the Ohio Legislature to prevent garnishment.  It is a system where a person pays a percentage of their earnings into the court to be prorated among their creditors.  Garnishments will not be allowed by any creditor as long as the debtor makes regular payments into the trusteeship account. 

  Trusteeship Requirements

  1. You must be a resident of the City of Cleveland or the Village of Bratenahl.
  2. Bring a list of your creditors, including names , addresses, account numbers, balances due, and enough money to make your first payment. (Cash or money orders only).
  3. Your payment is twenty percent (20%) of your disposable earnings. To determine your disposable earnings, deduct the following from your gross pay. (FEDERAL INCOME TAX, SOCIAL SECURITY, P.E.R.S., STATE TAX, CITY TAX, MEDICARE, CHILD SUPPORT).
  4. There is a  thirty dollar ($30.00) filing fee which includes up to ten creditors at the time of filing.  there is a fee of $5.00 each for each additional creditor.
  5. Trusteeship is voluntary on the part of both the debtor (the person who owes money) and the creditor (the person to whom money is owed). However, if a creditor refuses to participate, they CANNOT GARNISHEE YOU.  Trusteeship is one of the items listed that will stop a garnishment.
  6. Co-Signers are not protected from garnishment.
  7. You must make a payment to the court each time you get paid; payment MUST  be accompanied by your most recent pay stub or photocopy of most recent pay stub.NO PERSONAL CHECKS. After applying for trusteeship, subsequent payments may be mailed. MAKE ALL OFFICIAL BANK CHECKS PAYABLE TO: 
     
     EARLE B. TURNER, CLERK OF COURT
     Cleveland Municipal Court
     1200 Ontario Street, Level Two, Cashier Dept.
     Cleveland, OH   44113     

  8. Payments are sent to your creditors every sixty days, on a prorated basis, less two percent court costs.
  9. Filing trusteeship does NOT prevent a creditor from filing a lawsuit against you and obtaining a judgment.  Although you cannot be garnisheed while in trusteeship, a creditor with a  judgment against you MAY attach your savings or checking account.
  10. Debts less than fifty dollars ($50) and money owed to the Federal Government (income taxes) CANNOT be included in trusteeship.
  11. If your trusteeship account is dissolved for nonpayment, you may not reapply for six months from the date of dismissal; unless upon motion supported by affidavit, the debtor proves to the satisfaction of the court that the failure to maintain the trusteeship agreement was not due to willful neglect.

• How do I fill out the eviction forms?

  You may contact the Housing Court Specialist who may assist you with those questions.  The phone number is 216 664-4295.  Ask to speak to a Housing Court Specialist and they will connect to the next available Specialist or you can visit the housing court website at http://www.clevelandhousingcourt.org

• Can eviction papers be filed through the mail? If so, how am I notified of my court date?

  Yes.  When doing so, please enclose a self addressed, stamped envelope so that we may send your receipt of filing and a notice of your court date(s).  If your filing does not include the proper filing fee, it may be returned to you.  An improper filing could result in a dismissal by the Housing Court

• How do I notify the court if I have moved?

  Come to the clerk of courts office on the 2^nd floor, bring a photo identification and you will be required to fill out a form which shows your case number and the previous and new address to be changed.

• Is there a residency requirement for civil marriage ceremonies in the Cleveland Municipal Court?

  Yes. At least one of the parties getting married must be a resident of the City of Cleveland or Village of Bratenahl.