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Frequenty Asked Questions - Small Claims
1. Where can I get small claims forms?
2. Where do I come to file a small claim?
3. How much does it cost to file a small claim suit?
4. How do I file a small claim?
5. I am the owner of a corporation, a LLC, a general or limited partnership or I am the representative of an association. Can I file the small claim suit?
6. If I need a continuance, how do I get one?
7. I lost my small claims suit. How do I appeal the decision?
8. What happens if I file a small claims suit and I don’t appear in court?
9. What happens if a small claims suit is filed against me and I don’t appear in court?
10. Why do I have to wait 19 days before I can proceed to collect on my small claims judgment?
11. If I win a small claims judgment against a business, what can I file to collect my money?
12. If I know nothing about the person I have a judgment against, how do I find out something about them?
13. How do I begin to collect on a judgment?

1. Where can I get small claims forms?
Small claims forms may be obtained from the Clerk of Courts office, or from our web site listed under Municipal Civil Forms
 
2. Where do I come to file a small claim?
The Clerk’s office, Rm. 115, Hamilton County Courthouse, 1000 Main Street. Get directions to the Courthouse.
 
3. How much does it cost to file a small claim suit?
$54.00 against one defendant.
 
4. How do I file a small claim?
Come to the clerk’s office and fill out a small claim form. You must have the name and address of the person you are suing. When you file you will be given a court date approximately 28 days away. You can fill out the form online which is listed under Municipal Civil Forms, but the form must be physically filed with the Clerk’s office downtown. View the Guide to Small Claims.
 
5. I am the owner of a corporation, a LLC, a general or limited partnership or I am the representative of an association. Can I file the small claim suit?
No. Pursuant to state law, a corporation, a partnership, or an association MUST have an attorney file the suit and represent them in court. Only an individual representing themselves may file and appear in court without representation.
 
6. If I need a continuance, how do I get one?
Go to the clerk’s office and fill out a motion for continuance (available on the Municipal Civil Forms page). The motion should be filed at least 5-7 days prior to the hearing.
 
7. I lost my small claims suit. How do I appeal the decision?
You have 14 days to file a request for a findings of fact and conclusions of law. You must also request a transcript which requires a $50.00 deposit.
 
8. What happens if I file a small claims suit and I don’t appear in court?
The complaint will be dismissed.
 
9. What happens if a small claims suit is filed against me and I don’t appear in court?
If the plaintiff appears, a judgment can be rendered against you automatically.
 
10. Why do I have to wait 19 days before I can proceed to collect on my small claims judgment?
You can file a bank attachment or a live execution.
 
11. If I win a small claims judgment against a business, what can I file to collect my money?
You can file a bank attachment or a live execution.
 
12. If I know nothing about the person I have a judgment against, how do I find out something about them?
You can file a judgment debtor exam. This is a process whereby the person is summoned to appear in court and you can ask them questions about what assets they have, where they work, bank, etc.
 
13. How do I begin to collect on a judgment?
You can review the Collections FAQs for assistance or contact a licensed attorney at law.
 
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