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Small claims court in Ohio


Robby8900
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I was reading in the local rules of court in a municipal court here in Ohio, and found this information stated in a pdf guide to small claims cases. It appears the court usally grants a defendant's motion to remove a case from small claims to place case on regular docket. Here is what is stated:  Beware!!! Unfortunately, filing suit in Small Claims Court does NOT guarantee that the case will be heard there. Any Defendant has the right to ask that the case be taken out of Small Claims and put into the regular Municipal Court docket. The Court usually grants such requests or "motions." If this happens to your case, it will be scheduled for a pretrial in regular Court, and it may make it harder for you to continue without an attorney. While you would still have the right to represent yourself in Municipal Court, you will not enjoy the relaxed rules of Small Claims and you should, therefore, consider at least consulting with an attorney before going into Municipal Court on your own.

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There likely has to be a certain amount in controversy for a case to be removed to the regular docket. 

Either way, moving from SC to the regular docket will likely cost a consumer $300+.  Combine those costs with the $250 consumer portion, and it becomes pretty expensive just to get to Arb.  For a high balance this may be worth it, but likely not on a typical $2k lawsuit.

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50 minutes ago, pulpfiction0 said:

There likely has to be a certain amount in controversy for a case to be removed to the regular docket. 

Either way, moving from SC to the regular docket will likely cost a consumer $300+.  Combine those costs with the $250 consumer portion, and it becomes pretty expensive just to get to Arb.  For a high balance this may be worth it, but likely not on a typical $2k lawsuit.

It doesn't state that. It says defendants have the right to have the case removed  to regular docket, because the rules are not so relaxed as in small claims, and that most of the time its granted. Further, i was thinking that if the JDB filed in small claims to avoid arb, it may be a way for a debtor to get the case into the reg docket where s/he can file MTC.

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2 hours ago, Harry Seaward said:

Nice find. See if you can find the statute or rule of procedure that codifies this. If it exists, this is the golden ticket around the small claims exemption for OH litigants wanting to use arbitration.

Might have stumbled onto something here. Check this out. Ohio Revised Code 1925.02(A)(2)(a)(ii). http://codes.ohio.gov/orc/1925.02v1

1925.02 Jurisdiction: (A)(2)(a): A small claims division does not have jurisdiction in any of the following: (ii): Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney;

1925.10 Transferring case

1925.10(B) In the discretion of the court, a case duly entered on the docket of the small claims division may be transferred to the regular docket of the court upon the motion of a party against whom a claim, counterclaim, or cross-claim is instituted or upon the motion of a third-party defendant. A motion filed under this division shall be accompanied by an affidavit stating that a good defense to the claim exists, setting forth the grounds of the defense, and setting forth the compliance of the party or third-party defendant with any terms fixed by the court. The failure to file a motion under this division to transfer a case to the regular docket of the court constitutes a waiver by the party or third-party defendant of any right to a trial by jury.

Found this case which has some information in it but not exactly what i am looking for regarding ''Assignee''

https://www.supremecourt.ohio.gov/rod/docs/pdf/8/2011/2011-Ohio-6281.pdf

Here is a case that starts speaking about arbtration during a small claims case starting at {¶ 32}https://cases.justia.com/ohio/tenth-district-court-of-appeals/2017-15ap-911.pdf?ts=1497993336

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Small v. Stub Hub, Inc., 2016-Ohio-3438. at {¶6}Under Civil Rule 12(H)(3), if “it appears by suggestion of the parties or otherwise that the court lacks jurisdiction on the subject matter, the court shall dismiss the action.” The Ohio Supreme Court has applied that language strictly, indicating that a court that lacks subject matter jurisdiction may not even transfer an action to the proper court. State ex rel. Natl. Emp. Benefit Servs., Inc. v. Court of Common Pleas of Cuyahoga County, 49 Ohio St.3d 49, 50 (1990).

{¶8} The municipal court did not have jurisdiction to stay the complaint pending arbitration. The judgment of the Akron Municipal Court, Small Claims Division is vacated, and this matter is remanded so that the municipal court can enter an order dismissing the action.

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According to @nobk4me

JDB's can not use small claims division of Municipal court anyway, so it seems to be a non-factor in these types of cases.

"In Ohio, Municipal Court is not the same as small claims court.  Muni Courts have a small claims division, but in Ohio, JDBs can't use small claims court.  http://codes.ohio.gov/orc/1925.02  (assignees can't bring cases there) "

 

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3 hours ago, fisthardcheese said:

According to @nobk4me

JDB's can not use small claims division of Municipal court anyway, so it seems to be a non-factor in these types of cases.

"In Ohio, Municipal Court is not the same as small claims court.  Muni Courts have a small claims division, but in Ohio, JDBs can't use small claims court.  http://codes.ohio.gov/orc/1925.02  (assignees can't bring cases there) "

 

To test this, I did a number of searches in my local court.  I searched the small claims court docket for the most common JDBs:  Portfolio, Midland, CACH, Cavalry, LVNV.  None had ever filed in small claims court.  

Others in Ohio can try similar searches.

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