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Civil and Small Claims

The Civil Department hears cases where the amount in dispute does not exceed $15,000.

The Small Claims Department functions to help citizens resolve minor disputes fairly, quickly, and inexpensively.  The Small Claims Department hears cases not to exceed $6,000.  

Civil

The Civil Department accepts and maintains civil cases including contract, note, and account disputes, personal injury, property damage, evictions, and other civil matters such as, but not limited to, rent deposits, animal/pet designations, and driving matters associated with the Ohio Bureau of Motor Vehicles.

The Wayne County Clerk of Court has three individuals on staff to handle the Municipal Court’s civil proceedings/dockets. If you have any questions regarding civil, please contact the civil staff at 330-264-3122.

Small Claims Staff

David Baney

Municipal Court Administrator

Phone: 330-287-5670

Denise Favalon

Small Claims Court Secretary & Court Fiscal Officer

Phone: 330-287-5668
Fax: 330-345-3625

Terri Boreman

Assignment Commissioner & Small Claims Mediator

Phone: 330-287-5662

Small Claims Filing

An action in the Small Claims Division shall commence upon the filing of a complaint which shall state the amount and nature of the claim. When a complaint is based on an account, or other written instrument, a copy thereof must be attached or the reason for omission must be stated.

The claim may be filed by a real party in interest or by his/her attorney. If the plaintiff is a corporation, the claim may be filed by an attorney, a bonafide officer or salaried employee of the corporation (R.C. 1925.17).

If the claim is related to an automobile accident, the plaintiff shall provide the court with two estimates of damage, a police report (if any), the name of the insurance company involved, the amount of the plaintiff’s deductible and a statement of any payments received from an insurance company for damage or injury from the accident. Hearings shall be set not less than fifteen (15) nor more than forty (40) days after the service of summons on the defendant(s).

Online Dispute Resolution. Download pdf.

The Wayne County Municipal Court now offers Online Dispute Resolution as a service of the Court. Online Dispute Resolution, with a Mediator, is an easy and flexible way to resolve a dispute. Most importantly, there is NO cost to use the online system. Online Dispute Resolution can help you resolve your dispute in a manner that saves you time and does not require a physical appearance in Court. Once online dispute resolution has been requested and created, both parties must register for this service as soon as possible to continue mediation services online.  If an in-person mediation hearing is scheduled, each party will have up to a week prior to the mediation hearing to complete their registration for online services.  If both parties are NOT registered within a week prior to the in-person hearing, you will no longer be able to use the online service.  It is imperative if you choose this type of mediation process, that both parties register for the online dispute as soon as possible to avoid any confusion.  For more information, click the links above.

Small Claims Jurisdiction

Civil actions may be filed in the Small Claims Division for the recovery of money only. The Small Claims Division has no jurisdiction over the following matters:
  • Libel
  • Malicious Prosecution
  • Slander
  • Abuse of Process
  • Replevin
  • Claim by an Assignee or Agent
  • Punitive or Exemplary Damages
  • Amounts exceeding the limits
  • Territorial jurisdiction and venue are concurrent with the territorial jurisdiction and venue of the General Division of the court.

Small Claims Hearings

Each case will initially be scheduled for a mediation hearing. Attendance is required. In accordance with Supreme Court Rule 16, parties, if they wish, may appear with or through an attorney. Failure of either party to appear will result in the dismissal of the case or the granting of a Default Judgment.  

If mediation is unsuccessful, the matter will be scheduled for trial. At trial, the court will administer an oath to the witnesses and proceed on the merits. The Trial will be conducted in an informal manner while adhering to the Substantive Rules of Evidence, however, the court may consider as evidence estimates, bills, or other statements which purport to show monetary damages.  

Small Claims Fees

(Effective April 5, 2022)
Wayne County Only

Small Claims Fees

Forms

Indigent Form

Download Form

Ex Parte Motion – Civil

Download Form

30-Day Notice – Civil

Download Form

3-Day Notice – Civil

Download Form

Complaint in Forcible Entry and Detainer (Eviction) – Civil

Download Form

Small Claims Court

A Citizens Guide
Read more