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How to Defend

I have been sued in Small Claims Court, what do I do?

If you have received a complaint and summons in the mail from the Small Claims Court then you have been sued and you are a defendant.  The Complaint contains the claims against you. The Summons contains the date you must appear in Court. 

You do not need to file anything before you appear in court. If you do not appear in Court on the date listed in the Summons then you risk losing the case. 

 

What if I am a defendant but I have a claim against someone else?

(Counterclaims, Cross-Claims, and Third-Party Complaints)

If you are a defendant and have a claim against the plaintiff, another defendant in the case, or a party that is not currently in the case, you may file a counterclaim, a cross-claim, or a third-party complaint form.

Counterclaims, cross-claims, and third-party complaints filed in the Small Claims Court are also limited to money damages of $6,000, not including court costs and interest.  You must file at least seven 7  days before the trial. 

  • A counterclaim is a claim brought by a defendant against a plaintiff. A fee is required with the filing of a counterclaim.
  • A cross-claim is a claim brought by one defendant against another defendant, or one plaintiff against another plaintiff. A fee is required with the filing of a cross-claim.
  • A third-party complaint is a claim brought by the defendant against a new party who was not named in the original complaint. A fee is required with the filing of a third-party complaint.

To learn more, see the Ohio Legal Services website for information about counterclaims, cross-claims and third-party claims.

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How to Defend