Prescribed
Forms
The
downloadable forms listed below are grouped by division and
filing order. Each form has a brief explanation of its use,
the number of copies that must be filed and the cost for each
filing. The appropriate copies must accompany the filings
or you will be charged $0.25 per page for copies. Forms must
be filed either by mail or at the Miamisburg Municipal Court,
10 N. First Street, Miamisburg, OH 45342. No filing will be
accepted via the internet.
SMALL CLAIMS DIVISION
Small
Claims Guide
This guide has been designed to help you work within the
Small Claims Division. It was developed as an informational
guide only, and not as legal advice. The guide should answer
many of your questions about small claims. Please keep in
mind that the Clerk’s Office is unable to give you
legal advice; but if you have procedural questions, our
staff in the Small Claims Division will be happy to assist
you.
Claim
Form
Individuals wishing to file a small claims case against
a person or business must complete this form. The monetary
limit for a small claims case is $3,000.00.
Original plus 3 copies
Filing cost: $37.00 one defendant, $10.00 each additional
defendant
Request
for Debtor Questionnaire
This form may be used after judgment for plaintiff to obtain
information regarding the financial worth of the judgment
debtor.
Original plus 1 copy
Filing cost: $20.00
Debtor’s
Examination
This form can be filed by judgment creditor after obtaining
judgment and requires a debtor to present a summary of personal
worth before the magistrate.
Original plus 1 copy
Filing cost: $35.00
CIVIL AND/OR SMALL CLAIMS GARNISHMENTS
To file a garnishment proceeding to collect
a civil or small claims judgment, the following forms must
be completed and assembled in the order listed below at
the time of filing:
Notice
of Court Proceeding to Collect Debt
Can be filed by the judgment creditor after obtaining a
judgment. A judgment creditor mails this form to the judgment
debtor by certified mail and ordinary mail fourteen (14)
days prior to filing the wage garnishment form with the
court.
1 copy plus proof of certified
mailing
Affidavit,
Order and Notice of Garnishment and
Answer of Employer
Original plus 4 copies of a 2
page form
1 copy of The
Employer’s Guide to Processing Continuous Orders of
Garnishment must accompany the
filing
Notice
to Judgment Debtor
Original plus 2 copies
Interim
Report and Answer of Garnishee
Original plus 1 copy
Final
Report and Answer of Garnishee
Original plus 1 copy of a 2 page
form
Request
for Hearing
Original plus 2 copies
Filing
cost for garnishment: $135.00
Affidavit
of Current Balance Due on Garnishment and Notice to Judgment
Debtor of Current Balance Due
To be filed to notify both employer and debtor of balance
remaining to be garnished from the judgment.
Original plus 2 copies
Discharge
of Garnishee
Used to notify the employer to cease garnishment of debtor’s
wages.
Original plus 1 copy
CIVIL AND/OR SMALL CLAIMS ATTACHMENTS
To
file an attachment proceeding to collect a civil or small
claims judgment, the following forms must be completed and
assembled in the order listed below at the time of filing:
Notice
of Court Proceeding to Collect Debt
Can be filed by the judgment creditor after obtaining a
judgment. A judgment creditor mails this form to the judgment
debtor by certified mail and ordinary mail fourteen (14)
days prior to filing the property garnishment form with
the court.
1 copy plus proof of certified
mailing
Affidavit,
Order, Notice of Garnishment of Property Other Than Personal
Earnings and Answer of Garnishee
Original plus 4 copies of a 2
page form
Notice
to the Judgment Debtor (Property)
Original plus 2 copies
Request
for Hearing
Original plus 2 copies
Filing
cost for Attachment: $45.00
CIVIL DIVISION
Forcible
Entry and Detainer
These forms can be filed by a Landlord for the purpose of
evicting a tenant from leased property. This is a packet
of documents and forms consisting of ten (10) pages.
Original plus 3 copies of any
form in the packet
Filing cost: $86.00 one defendant, $15.00 for each
additional defendant
Rent Escrow
Although there is no form available to file a rent escrow with the court, this link provides information regarding the rent escrow procedure.
Filing cost: 1% of the monthly rent
Motion
and Entry for Debtor’s Examination
This form can be filed by judgment creditor after obtaining
a civil judgment and requires a debtor to present a summary
of personal worth before a magistrate.
Original plus 2 copies
Filing cost: $35.00
Instructions
for Issuing a Subpoena
This document includes instructions, fees, and mileage chart
for use when issuing civil subpoenaes.
Subpoena
Form to be used by any of the litigants or their attorneys
to order an individual to be present for a particular civil
court hearing.
Original plus 1 copy
Cost for issuing subpoena for each witness: $3.00
Witness fee, per half day, for each witness: $6.00
TRAFFIC/CRIMINAL
Application
for Sealing of Records
Original plus 2 copies
Filing Cost: $50.00 |
