Complaint FAQ

Start a Small Claims lawsuit by completing and filing a Small Claims Complaint
An original plus 3 copies and the filing fee are required

• Printable Complaint Forms and Instructions(PDF, 212KB)
  For handwritten complaints
• Printable Complaint Forms Additional Page(PDF, 220KB)
  Additional page only to be used if you need more space for the Complaint

If you filed a Small Claims lawsuit but now need to change something then you may complete and file the Amended Complaint.

• Printable Amended Complaint Forms and Instructions
  For handwritten complaints

If you need more space to write plaintiff and defendant names and addresses use the Additional Parties form.

• Additional Parties(PDF, 51KB)

Personal service by a Court Service Bailiff is available for defendants within Franklin County. Sheriff service is an option for defendants in Ohio but outside of Franklin County.

• Instructions for Personal Service(PDF, 92KB)

The "plaintiff" is the party who files a complaint. A plaintiff may only claim money that is owed to them - a case may not be filed to collect money for someone else. The "defendant" is the party being sued.

• Individuals may represent themselves or be represented by an attorney.
• Partnerships may be represented by a general partner or an attorney.
• Corporations may be represented by an attorney, a non-lawyer officer, or a salaried employee; however, the following limitations apply to non-lawyer representatives: the officer or salaried employee may testify only about facts he or she has personal knowledge of and may present documentary evidence in support of the claim or defense. He or she may not examine or cross-examine any witness, present legal arguments, or engage in other acts of advocacy. The officer or salaried employee may not file or present motions, affidavits, or file paperwork to collect a judgment.

Small Claims lawsuits must meet the requirements for both jurisdiction and venue.

"Jurisdiction" is the Court's authority to hear a particular type of case. The Small Claims Division has the authority to hear cases for money damages that do not exceed $6,000, not including interest and court costs. The Court does not have the authority to hear cases involving libel, slander, malicious prosecution, or abuse of legal process. No claims may be filed against the State of Ohio or the United States of America.

"Venue" means the territory (usually a specific county) where a case may be heard. Generally, the Franklin County Small Claims Court is a proper venue if either the incident or transaction giving rise to the lawsuit occurred in Franklin County or the defendant either lives in, or regularly conducts business in, Franklin County, Ohio.

The Complaint forms and instructions are available on the Small Claims Forms page.

If you have questions, chat with the Self Help Resource Center.

Visit the Servicemembers Civil Relief Act website to perform a search.

If you do not have the required information to perform a search you may request a search by mail:

Defense Manpower Data Center (DMDC)
Attn: Military Verification
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
(703) 696-6762 - 5790/ fax (703) 696-4156

Name and address information may be available by searching the internet, a telephone book, county auditor property records, or court sites like www.fcmcclerk.com for criminal and civil case records.

If the defendant is a business, the Ohio Secretary of State website may have the name and address of the business' statutory agent authorized to receive court service.

Individuals

Provide a full first and last name; do not use nicknames.

Joe Public
23 Any Street
Columbus, OH 43200

Corporations and Limited Liability Companies

If filing against a corporation or LLC and the regular business address cannot be determined, the corporation's Statutory Agent (a person appointed by the corporation to receive notice when the corporation is sued) may be included. The name and address of the Statutory Agent can be obtained from the Secretary of State's office website, by calling toll-free (877) 767-3453, or by emailing busserv@sos.state.oh.us. It is important to note that the Statutory Agent is not a defendant, but can accept Court notices.

Columbus Example, LLC
c/o John Liable, Statutory Agent
2000 LLC Street
Columbus, OH 43200

Partnerships

A partnership is an association of two or more persons to carry on as co-owners of a business for-profit. A partnership may sue or be sued in its own name and may be represented by a general partner or an attorney. Although not required, many partnerships doing business in Ohio register with the Secretary of State by filing Statements of Partnership Authority. The name and address of the statutory agent for the partnership, or if no statutory agent, the names and mailing address of the general partners, can be found by visiting the Secretary of State's website, by calling toll-free (877) 767-3453, or by e-mailing busserv@sos.state.oh.us. Additional information about identifying partnerships may be found through the Franklin County Recorder's Office website or by calling (614) 525-3930 for more information about the specific partnership. It is a good idea to list the partnership and its general partners in the complaint. Here is an example of how to list a partnership:

Rental Properties of FCMC, a partnership
John Owner, general partner
5000 Some Street
Columbus, OH 43200

D.B.A.

"D.B.A." means, "doing business as" and is a fictitious business name that the owner (an individual or business entity) might use. The fictitious name is not a substitute for the identity of the party that owns the business. Here is an example of how a "D.B.A." might be used in identifying a party:

Bill Buckeye, D.B.A. Jane's Restaurant
100 Uptown Street
Columbus, OH 43200

John Doe

A fictitious name may be used in a claim against a defendant whose identity and location are known, but whose name is not. If the defendant's name is unknown, that defendant may be designated in the complaint by any name, usually John Doe. The complaint must state the fact that the defendant's name could not be discovered and the defendant must also be sufficiently identified and described to allow personal service to be made when the complaint is filed. The body of the summons must contain the words "name unknown," and a copy of the summons and complaint must be served personally upon the defendant. When the name of the defendant is discovered, the complaint must be amended to include the defendant's actual name. Here is an example of how a John Doe party might be listed:

John Doe
123 Downtown Avenue
Columbus, OH 43200

Complaint Form(s), any additional pleadings, and the Civil Case Filing Cover Sheet are filed with the Clerk of Courts, Civil Division either in-person or by mail at the address below. You must include the appropriate fee to file(PDF, 186KB).

If mailing the Complaint Form(s), you must include a self-addressed stamped envelope for each complaint or an appropriately-sized stamped envelope to receive time-stamped copies of the complaint and payment receipt(s).

Franklin County Municipal Court, Clerk of Courts
Civil Division, 3rd Floor
375 S. High St.
Columbus, OH 43215

An Amended Complaint must be filed if a change in the Complaint needs to be made. Changes requiring an Amended Complaint include:

• Add a new party
• Change an incorrect party to a correct party, or correct a spelling error in an individual or business name
• Add new facts
• Change the dollar amount of the claim
• Include required exhibits

An amended complaint completely replaces the original complaint. Amended complaints must be filed and served at least 7 days before a court date. If your court date is less than seven (7) days away, you must request permission from the magistrate. The cost to file the amended complaint is $20 plus service costs to each defendant (certified or personal service).