Civil - Frequently Asked
Questions
What
is the court's jurisdiction?
The court district consists of the cities of Beachwood, Pepper Pike, Shaker
Heights, University Heights and the Village of Hunting Valley.
I
am a landlord. How do I start eviction proceedings?
Best advice is to seek legal counsel. Proper notice needs to be served,
and then a Complaint In Forcible Entry and Detainer needs to be filed
with the court with proper service instructions. For your reference see
Chapter 1923 of the Ohio Revised Code.
How
do I file a small claims case?
Small claims cases may be filed at the Clerk of Court's office during
normal business hours. You can file for monetary damages up to $6,000.00.
Forms and a Small Claims Brochure are available at the Clerk of Court's
office. Refer to the Civil Cost section on the Civil Page for filing fee
information.
What
is the monetary limit for the general civil cases?
Cases filed in the general civil division of Shaker Heights Court can
be for damages up to $15,000.00.
Does
the court provide legal assistance?
The court cannot provide legal assistance or advice to any plaintiff or
defendant. The court cannot recommend legal counsel to anyone. Contact
the Cleveland MetropolitanBar Association for
recommendations. Links to the bar associations websites are on the "LINKS" page.
Does the court refund filing fees if the case is dismissed?
All filing fees that are collected for civil cases are considered
normal operating costs for the court and are not refundable.
What is the court costs for rent cases?
Rent cases require no fee at the time of filing, however, one percent
(1%) of all funds placed in deposit with the court will be withheld as
court costs at the time of disposition. Normal monthly rent deposits
must be filed with the court including your current monthly rent at the
time of filing. No personal checks will be accepted for rent cases.
Can I appear for my corporation or company in a Small
Claims action if I am not an attorney?
Yes, under limited circumstances. According to O.R.C.
1925.17, a corporation through any bona fide officer or salaried employee may
file and present its claim or defense provided that such corporation does not
engage in cross-examination, argument, or other acts other acts of advocacy. This statute was clarified
per the holding in Cleveland Bar Ass’n v. Pearlman, 106 Ohio St. 3d 136 (2005),
wherein a non-attorney who presents a claim or defense and appears in small
claims court on behalf of a limited liability corporation as a company officer
does not engage in the unauthorized practice of law, provided that the
individual does not engage in cross-examination, argument, or other acts of
advocacy.
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