Step by Step Instructions – How to fill out your Small Claims Form
- Designation Form. Write in the party information (Plaintiff(s) and Defendant(s)) name(s), addresses, phone numbers and e mail addresses. If there are multiple defendants, use the back of the form for additional parties names and addresses. (Defendant phone number and e mail is important if you have it). Mark the box Small Claims or Small Claims Housing. Be sure to sign the form. This form is required with all small claims filings.
- Small Claims Complaint. Fill out the complaint form by writing the Plaintiff(s) and Defendant(s) names address, phone number and e mail address in the appropriate area on the form. The additional spaces are for multiple parties and should be left blank if there are no other parties. Where it says Statement of Claim write your brief statement of why you are suing the defendant(s). Who, What, When and Where. Keep your statement brief. The court will hear your more detailed statement at your scheduled hearing. Fill out the blanks at the bottom of the page with the amount you are suing for (the prayer amount, which may not exceed $6,000.00). The current statutory rate of interest is 5%, unless you have a signed contract that stipulates a different rate of interest.
- Sign your Complaint. Don’t forget this step! The original complaint must have an original signature. Note: You must provide additional copies of your completed complaint form. One copy for you and one copy for each defendant listed in your Complaint. This applies whether you are mailing in your Complaint or filing in person.
- Military Affidavit. The military affidavit must be signed in the presence of a notary and must be notarized. Mark the appropriate box that best represents your knowledge of the defendant’s military status (you cannot file a claim against a person who is actively serving in our military). Write a brief description of how you know the defendant is not in the military.
- Filing your Small Claim by Mail. Make sure all your forms are filled out legibly and correctly. Make sure you have the correct number of copies (one copy for each party involved) and the original Small Claims Complaint is signed. Your check or money order should be made payable to the Cleveland Municipal Clerk of Court. The filing fee is $37.00, which includes one defendant. Please include $7.00 for each additional defendant. Please include a stamped, self-addressed envelope with your mailings. We use this envelope to send a time stamped copy of your complaint, together with your receipt and hearing date and phone numbers to call to confirm your hearing date is going forward.
FOR ANY QUESTIONS, PLEASE CALL US AT (216) 664-4860
(We are not attorneys and do NOT provide legal advice)
www.cmcoh.org