FILING PROCEDURES FOR REGULAR CIVIL SUITS AND SMALL CLAIMS

  1. The plaintiff(s) come to the Civil Division at the courthouse and files the necessary paperwork and pays the filing fees.
  2. The defendant(s) are served with a citation and a certified copy of the suit by either the Ward 4 Marshal's Office or the Sheriff's Department or, if it is a small claims suit, by certified mail or service.
  3. The defendant(s) have a 10 day period to file his/her answer. If more than one defendant, each defendant must file an answer.

NOTE:  THE (10) DAYS ARE COUNTED FROM THE DAY THE DEFENDANT RECEIVES THE SUIT.

  • If an answer is filed by the defendant(s), a certified copy will be mailed to the plaintiff along with a request for trial setting
  • If no answer is filed by the defendant(s) after the legal delay has lapsed, the plaintiff has the right to obtain judgment against the defendant(s).

NOTE:  IF THE DEFENDANT(S) COME IN AFTER THE (10) DAYS HAVE PASSED, BUT BEFORE THE JUDGMENT HAS BEEN SIGNED, THE ANSWER WILL HAVE TO BE HONORED.

  • If a judgment is granted to the plaintiff(s), the defendant(s) will be notified by regular mail, the Ward 4 Marshal's Office or Sheriff's Department depending on the type of service that was given.
  • If the defendant(s) refuse to pay his/her claim, the plaintiff(s) may pay a deposit and file for Garnishment.

The rules of small claims are basically the same as the filing of a regular suit with the following exceptions:

  1. Small claims cannot be appealed.
  2. Small Claims must be $5,000.00 or less.
  3. Filing fees are less expensive and the rules of evidence are more relaxed.

PLEASE REMEMBER THAT IF YOU HAVE A COURT DATE SCHEDULED, REGARDLESS OF WHAT TYPE OF CASE IT IS, YOU MUST HAVE ALL YOUR EVIDENCE AND/OR PERSONS TO TESTIVY ON THE DAY OF COURT. If you are not totally prepared, you will lose your case.

FOR ADDITIONAL INFORMATION, CONTACT THE CIVIL DEPARTMENT.

ASSOCIATED DOCUMENTS