- Are there any additional costs due on my case?
Click on the Civil Division Fee Schedule below to see if there are any additional costs due upon the filing of your paper.
Click here to download the Civil Division Fee Schedule
- Did we receive any funds from a garnishment and when will I receive these funds?
- On the 15th day of each month, the Clerk of Elyria Municipal Court Office issues checks to individuals that have money due to them through a garnishment.
- Do you notify the Credit Bureau when a case is completed?
- A number of agencies periodically come in to the Elyria Municipal Court Clerk's Office to update their records. This information is also provided to them monthly on request. We do not notify them when a case is finished unless this information is requested.
- How do I file a small claim?
Effective 1/1/15 the fee to file a Small Claim is $81.00 and $6.00 for each additional defendant. The amount of money you can sue for cannot exceed $3,000.00. Your small claims case will be heard by the Magistrate. The Magistrate will hear both sides and make a decision from the facts presented at the time of hearing. The hearing will be set at the time of filing, approximately 28 - 30 days, usually held on a Wednesday morning. Simply fill in the blanks of the Small Claims Form. Directions on filling out the form is listed on the Small Claim Form which can be obtained below.
Click here to download a copy of the Small Claim Form.
- How do I find out where a person's bank account is?
- If you do not know where the judgment debtor works or has a bank account, after thirty (30) days have passed since the judgment, you may come into the Court and pay a filing fee of $15.00 and fill out a form called a , "Financial Disclosure". The Clerk’s Office will then send the form to the judgment debtor requesting him to list his assets, liabilities, and personal earnings. If the judgment debtor does not complete the form within 7 days, the debtor can be cited for contempt of court. The penalty may include jail, a fine, or both.
- How do I know if a judgement was satisfied or if a case is still pending?
- To check on the status of a case call (440) 326-1800. You can also stop by and use the "Public Information Terminals". If you know the case number or names of the parties involved you can also email a request for information using the "CONTACT US" link at the top of this page and we will be happy to send the information to you.
- How do I know or find out if the plaintiff/defendant has been served with the court paper?
- You may contact the Civil Division at (440) 326-1800 between the hours of 8:00 AM - 4:30 PM Monday through Fridays except holidays. See Court Holidays for more information.
- How long after an eviction is filed do I have until I have to move?
- Contact the bailiff and he or she will schedule your actual eviction date.
- How many extra copies are needed when I file a document?
- To file a new case, send the original and a copy for each defendant.
- How much can I sue for in Small Claims Court?
- Under section 1925.02 of the Ohio Revised Code, you can sue for up to $3,000 not including interest. Also a small claim action cannot be for libel, slander, replevin, malicious prosecution, and abuse of process. You cannot sue on behalf of someone else or act as their agent. Finally, there is no recovery of punitive damages.
- How soon after I file a small claim will you set the case for hearing?
- The hearing will be set at the time of filing, approximately 28 - 30 days, usually held on a Wednesday morning.
- Is there a statute of limitations upon the filing of a small claims?
- There is no statute of limitations on filing a small claim.
- My company received a wage garnishment. How do I fill out the form?
You may click on the link below to download a pamphlet called "Employers Guide to Processing Continuous Orders of Garnishment" for instructions on these garnishment.
Click here to download a copy of "Employers Guide to Processing Continuous Orders of Garnishment"
- What are the directions to the court?
- Click here to get directions to the Court.
- What are your hours?
- The Civil Division is open Monday through Friday from 8:00 AM to 4:30 PM (EST) except holidays. See Court Holidays for more information.
- What is the balance due on my case?
- You can contact the Clerk of Elyria Municipal Court Office at (440) 326-1800, Monday through Friday, 8:00 AM - 4:30 PM (EST), except Holidays, and a Deputy Clerk will be able to assist you.
- What is the minimum wage?
- Click here for the U.S. Department of Labor's web site.
- What is the procedure for filing an eviction?
- There are certain steps to be taken prior to filing. You may need to consult with an attorney or perhaps the Landlord Association. Effective 1/1/15, the filing fee is $131.00 and $6.00 for each additional defendant. We do not have these forms, however, certain bookstores may carry them. Once these forms are filled out, bring them to the Clerk of Elyria Municipal Court's Office at 601 Broad Street, Elyria, OH 44035 between the hours of 8:00 a.m. - 4:30 p.m. Monday thru Friday. The hearing will be set approximately 12 days from the time you file. Hearings are heard on Tuesday and Friday mornings.
- What is the status of my case?
- The Clerk of Elyria Municipal Court the status of your case if filed after September 1996 is available on-line at this web site. Or you can call the Civil Division at (440) 326-1800, Monday through Friday, except holidays, between the hours of 8:00 AM - 4:30 PM (EST). See Court Holidays for further information.
- What is your court cost schedule?
- Click here to download a copy of the Court Costs and Deposits.
- What should I do if the certified mail is returned "unclaimed" to the court?
- If certified mail is returned unclaimed or refused, send the Clerk of Elyria Municipal Court a letter requesting an alias summons to be sent out a second time, usually by regular mail. The fee for regular mail is $6.00, personal or residential service is $15.00. Mail to: Clerk of Elyria Municipal Court 601 Broad Street Elyria, OH 44035
- Where do I go for Small Claims Court?
- The Small Claims Division is located on the first floor of the Elyria Municipal Court located at 601 Broad St., Elyria, OH 44035
- Where is the Civil Division located?
- In the Elyria Municipal Court, 601 Broad Street, Elyria, OH 44035
- Who should I pay the judgement to?
- You should make your payment payable to: Clerk of Elyria Municipal Court 601 Broad Street Elyria, OH 44035
- Will you take a check or credit card?
- We accept credit cards, either in person or over the phone and checks made payable to: Clerk of Elyria Municipal Court, 601 Broad Street, Elyria, OH 44035
- Will you take partial payments?
- We do not accept partial payments for payment of a judgment or for a court cost/filing fee.
- How do I file a "Motion for Continuance"?
A "Motion for Continuance" is a motion used for the specific purpose of requesting the court to continue or reschedule a hearing. This web-site has a copy of a "Motion for Continuance" form that you can use. Fill out the form and file the original with the Clerk of Court. Send a copy of the motion to the opposing party's attorney or to the opposing party if they do not have a attorney..
Click here to download a copy of the Motion for Continuance.
- How do I file a Motion?
A "Motion" is a request or application asking the court to make a specific ruling and or perform some type of action.
Click here to download a copy of the Motion. File the original with the Clerk of Court and send a copy to the opposing party's attorney or the opposing party if they do not have an attorney.