Clinton County Municipal Court
Monday June 17
Traffic Division Criminal Division Civil Division Small Claims Division
Civil Division

Contact Information:
(937) 382-8985
Dee Miller – Garnishment - Head of Civil Department

You may visit the Civil Division during the office hours of 8:00 A.M. to 4:00 P.M., Monday through Friday. The civil division is located in the City of Wilmington Building – on the second floor. To the right as you leave the elevator or stairs located in the counsel room.

You may file a civil action in this Court if the total amount of damages is $15,000.00 or less. The jurisdiction of the Clinton County Municipal Court is limited to the boundaries of Clinton County, Ohio.

Civil Filing Fees
Notice of Appeal $25.00
Plus $30.00 for each additional Defendant
Appeals $225.00
Civil Complaints $150.00
Amended Complaint Per Party $15.00
Counterclaim Per Party $15.00
Cross Claim $150.00
Default Judgment Motion $25.00
Judgment On Pleadings Motion $25.00
Revivor $50.00
Show Cause Hearing $25.00
Summary Judgment Motion $25.00
Certificate of Judgment $25.00
Forcible Entry and Detainer $150.00
FED - Per Additional Defendant $25.00
Writ of Restitution $25.00
Small Claims $75.00
Small Claims - Certified Mail $75.00
Plus $25.00 for each additional Defendant
Small Claims - Personal/Residential $75.00
Plus $25.00 for each additional Defendant
Transfer Small Claims to Civil $50.00
Wage Garnishments $150.00
Garnishment Other Than Personal Earnings/Attachment and Other Similar Proceedings in Aid of Execution $75.00 plus $1.00 for Bank
Authenticated Copy $10.00
Cognovit Note $120.00
Judgment Debtor Exam $50.00
JDE - Certified Mail $50.00
Plus $25.00 for each additional Defendant
JDE - Personal/Residential $60.00
Plus $25.00 for each additional Defendant
Preparation on Subpoena Check to Witness $6.50
Plus $.20 Per Mile
In County/Plus Mileage and Fee $25.00
Out of County/Plus Mileage and Fee $30.00
Replevin $150.00
Plus any additional amount deemed necessary for transportation and storage
Supplemental Certified Mail Service / Defendant $25.00
Supplemental Personal Service / Defendant $25.00
Transfer of Judgment Filing $10.00
Trusteeship $150.00
Plus $5.00 per Creditor
Service by Publication (Motion, Entry, Pracipe, Notice for Newspaper $150.00
Plus Basic Costs
Moving Party Responsible to Arrange and Pay for Publication and Return of Certificate of Publication to Clerk
Jury Trial (Due at time of filing) $600.00
Execution $510.00
Is Clinton County Municipal Court the appropriate Court to file my Civil action?

The answer is yes if ONE of the following statements is true:

Unlawful Detainer Complaints

The court does not have any forms for filing a notice to leave premises or the appropriate complaint forms. The usual procedure is as follows:

The Court cannot offer legal advice or assistance in completing a complaint. Plaintiff's are advised to seek legal counsel.

Physical Eviction Procedures

Within ten (10) days after service of a Writ of Restitution, a physical eviction shall go forward. Evictions are set by schedule of the Clinton County Municipal Court.

It is the responsibility of the attorney, plaintiff, or agent to arrange for movers to be at the eviction site at the time and date specified by the Court. The bailiff or a deputy bailiff never make such arrangements; handle keys or monies, or directs any party to a specific moving company.

Once authorized entry is made, the bailiff or deputy bailiff will keep the peace. If any problems arise during the eviction procedure, the Police or Sheriff’s department will be called.

Any costs incurred from the move out are the responsibility of the plaintiff, and may be included in the second cause of action if amended.

What can the tenant do if the landlord DOES NOT meet his responsibilities?

If the tenant believes that the landlord has not met his responsibilities under the law, he has a number of options available to him. Normally a tenant must make a written complaint to the landlord to rectify the problem and give him 30 days in which to do so before any of the remedies may be instituted.

The remedies may be found in Section 5321.07 of the Ohio Revised Code. They include rent deposit actions, lease termination or a request for a Court Order to repair. There are however, conditions the tenant must meet before taking advantage of these remedies--see 5321.07.

What can the landlord do if the tenant DOES NOT meet his responsibilities?

Of course, the tenant has the responsibility to pay his rent on time, maintain the rental unit properly and fulfill his obligations under the law.

Generally, if the tenant does not meet these responsibilities, the landlord may terminate the rental agreement and take action to evict the tenant. The court can also order the tenant to pay the landlord for past due rent and damages to the premises.

Security deposits

After a tenant moves out, the landlord subtracts from the deposit any past due rent and the cost of tenant-caused damages. He then must return the balance, with an itemized list of subtractions to the tenant within 30 days of the termination of the lease.

When the tenant provides the landlord in writing with a forwarding address and a security deposit is wrongly withheld, the tenant may recover double the amount due and reasonable attorney fees.

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