Small Claim cases are filed in the Clerk’s Office in the Courthouse on Forms provided by the clerk. They may be filed in either Superior or Circuit Court. A filing fee must be paid at the time of filing. The case is given a cause number and a court date. Parties must be served with notice of hearing. This may be through certified mail or by sheriff. Small Claim Rules allow for claims up to $6,000.00 plus court costs. A hearing is held and parties are allowed to present testimony and exhibits. Any witnesses should be present at the time of the hearing. The Court will make a ruling upon completion of testimony. A judgment bears interest at 8% per year and creates a lien upon the losing party’s real estate. Any payments are collected through the Clerk’s office in the Courthouse. When claim is paid in full, case is dismissed and the lien released.
Small Claims Filing Fees:
$76 Filing fee must be paid at time of filing.
+$10 per each additional defendant.
+$13 if service by sheriff.
- $6,000 limit if plaintiff is an individual.
- $1,500 limit if plaintiff is a corporation.
- The claim may be filed in the county in which the defendant lives or where the transaction has taken place.
- Upon filing the clerk will need the original Small Claim form and one copy per defendant, (service by certified mail); one (1) additional copy will be needed if service is by sheriff; plus one copy for your records.
- You will be given a hearing date at time of filing.
- Copy of any addition documentation for the court file.
- You must have an address for defendant before service can be made.