Ohio Revised Code Search
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Section 1923.07 | Proceedings if defendant fails to appear.
...If the defendant does not appear in action under this chapter and the summons was properly served, the court shall try the cause as though the defendant were present. |
Section 1923.08 | Continuance and bond.
...No continuance in an action under this chapter shall be granted for a period longer than eight days, unless the plaintiff applies for the continuance and the defendant consents to it, or unless the defendant applies for the continuance and gives a bond to the plaintiff, with good and sufficient surety, that is approved by the court and conditioned for the payment of rent that may accrue, if judgment is rendered again... |
Section 1923.081 | Joinder of claims.
...A trial in an action for forcible entry and detainer for residential premises, other than an action against a deceased resident of a manufactured home park, or for a storage space at a self-service storage facility, as defined in division (A) of section 5322.01 of the Revised Code, pursuant to this chapter may also include a trial on claims of the plaintiff for past due rent and other damages under a rental agr... |
Section 1923.09 | Suit tried by county court judge.
...(A) If an action under this chapter is not continued, the place of trial is not changed, and neither party demands a jury on the return day of the summons, a judge of the court shall try the cause. After hearing the evidence, if the judge concludes that the complaint is not true, the judge shall enter judgment against the plaintiff for costs. If the judge finds the complaint to be true, the judge shall render a g... |
Section 1923.10 | Trial by jury.
...If a jury is demanded by either party in an action under this chapter, until the impaneling of the jury, the proceedings shall be in all respects as in other cases. The jury shall be sworn to try and determine whether the complaint, naming the plaintiff, about to be presented to them, is true according to the evidence. If the jury finds that the complaint is true, it shall render a general verdict against the defenda... |
Section 1923.101 | Deposit of jury fee.
...In actions under this chapter before a county court, a party demanding a jury shall first deposit money with the court sufficient to pay the jury fee. |
Section 1923.11 | Entry and judgment.
...(A) The court shall enter the verdict rendered by a jury under section 1923.10 of the Revised Code upon the docket, and render judgment in the action as if the facts, authorizing the finding of the verdict, had been found by the court itself. (B) If a judgment is entered under this section in favor of a plaintiff who is a park operator, the judge shall include in the judgment entry authority for the plaintiff to pe... |
Section 1923.12 | Eviction of resident or resident's estate from manufactured home park; notice to remove home or vehicle.
...(A) If a resident or a resident's estate has been evicted from a manufactured home park pursuant to a judgment entered under section 1923.09 or 1923.11 of the Revised Code and if the resident or estate has abandoned or otherwise left unoccupied the resident's manufactured home, mobile home, or recreational vehicle on the residential premises of the manufactured home park for a period of three days following the entry... |
Section 1923.13 | Writ of execution.
...(A) When a judgment of restitution is entered by a court in an action under this chapter, unless the plaintiff or the plaintiff's agent or attorney proceeds under division (B) of this section, at the request of the plaintiff or the plaintiff's agent or attorney, that court shall issue a writ of execution on the judgment, in the following form, as near as practicable: "The state of Ohio, ________________________ coun... |
Section 1923.15 | Inspection of residential premises - order to correct conditions.
...During any proceeding involving residential premises under this chapter, the court may order an appropriate governmental agency to inspect the residential premises. If the agency determines and the court finds conditions which constitute a violation of section 4781.38 or 5321.04 of the Revised Code, and if the premises have been vacated or are to be restored to the landlord, the court may issue an order forbidd... |
Section 1925.02 | Jurisdiction.
...(A)(1) Except as provided in division (A)(2) of this section, a small claims division established under section 1925.01 of the Revised Code has jurisdiction in civil actions for the recovery of taxes and money only, for amounts not exceeding six thousand dollars, exclusive of interest and costs. (2)(a) A small claims division does not have jurisdiction in any of the following: (i) Libel, slander, replevin, malici... |
Section 1925.03 | Voluntary conciliation procedures.
...The court may establish, by rule, voluntary conciliation procedures for the small claims division, except that it shall establish, by rule, voluntary conciliation procedures for the recovery of taxes in the small claims division. |
Section 1925.04 | Commencing an action.
...(A) An action is commenced in the small claims division when the plaintiff, or the plaintiff's attorney, states the amount and nature of the plaintiff's claim to the court as provided in this section. The commencement constitutes a waiver of any right of the plaintiff to trial by jury upon such action. At the time of the commencement of an action, the plaintiff, or the plaintiff's attorney, shall pay both of the foll... |
Section 1925.05 | Service of notice of filing.
...(A) Notice of the filing shall be served on the defendant as provided by the Rules of Civil Procedure. The notice after setting forth the name of the court, shall read substantially as follows: "To (here insert the name of defendant or defendants). "(Here insert the name of plaintiff or plaintiffs) ask judgment in this court against you for (here insert the amount claimed in dollars and cents) upon the following c... |
Section 1925.06 | Stay of execution to permit deferred payment.
...A defendant who admits the claim but desires time in which to pay, may state that fact at the time set for trial, and where this is done, judgment may be entered for the plaintiff at the time set for trial, and this request may be considered by the court in determining whether there shall be a stay of execution to permit deferred payment or a weekly order of payment. |
Section 1925.07 | No attachment proceedings.
...No attachment proceedings will be permitted prior to judgment in any case pending before the small claims division. |
Section 1925.09 | Amendments - no depositions or interrogatories.
...The court, before judgment or upon vacation of a judgment, may allow any claim to be amended. No deposition or interrogatories shall be taken except by leave of court. |
Section 1925.10 | Transferring case.
...(A) A civil action that is duly entered on the docket of the small claims division shall be transferred to the regular docket of the court upon the motion of the court made at any stage of the civil action or by the filing of a counterclaim or cross-claim for more than six thousand dollars. (B) In the discretion of the court, a case duly entered on the docket of the small claims division may be transferred to the ... |
Section 1925.11 | Subpoenas fees and services.
...Subpoenas for witnesses, if requested, shall be issued by the clerk, or by order of the court or referee. The court may require the party requesting the issuance of a subpoena to pay a fee to cover the actual cost of issuance and service. |
Section 1925.12 | Dismissal for want of prosecution.
...If the plaintiff does not appear at the time set for trial, the court may dismiss the claim for want of prosecution, or enter a finding on the merits for the defendant, or make such other disposition as may be proper. The judgment of the small claims division shall be recorded in the same manner and shall have the same force and effect as any other judgment of the court. |
Section 1925.13 | Collecting and enforcing judgments.
...(A) The court, in its discretion, may order that the judgment, interest, and costs be paid at a certain date or by specified weekly installments, and, during compliance with the order, the court may stay the issue of execution and other proceedings in aid of execution. The court may modify or vacate the stay at any time. Except as otherwise provided in this section, a judgment creditor may commence any proceedings t... |
Section 1925.14 | Modification or vacation of judgments.
...Judgments of the small claims division may be modified or vacated in the same manner as other civil actions. |
Section 1925.15 | Costs.
...The actual disbursements of the prevailing party for filing fees, execution fees, and other court fees may be allowed as costs. No other costs shall be allowed either party except by special order of the court. Costs allowed under this section may be apportioned between the parties, or waived, in whole or in part, as the court determines to be equitable. |
Section 1925.151 | Cancellation of uncollectible debts.
...If at any time the court finds that an amount owing to the court is due and uncollectible, in whole or in part, the court may direct the clerk of the court to cancel all or part of the claim. The clerk shall then effect the cancellation. |
Section 1925.17 | Corporation as party.
...A corporation which is a real party in interest in any action in a small claims division may commence such an action and appear therein through an attorney at law. Such a corporation may, through any bona fide officer or salaried employee, file and present its claim or defense in any action in a small claims division arising from a claim based on a contract to which the corporation is an original party or any other c... |