How to File in Miamisburg Municipal Court

Edited by Hannah Locklear

Miamisburg municipal court has jurisdiction over misdemeanor crimes, municipal ordinances, small claims cases, and city traffic violations. While law enforcement officers usually file complaints against individuals who break the law, citizens can also file a complaint in court.

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Filing a complaint in Miamisburg Municipal Court

When filing a lawsuit in Miamisburg municipal court, the defendant expected to answer the charges should be at least 18 years of age. Otherwise, if the defendant is a juvenile, the Miamisburg police are best-suited to handle the case. In most cases, the court administrator can provide you with specific information on the matter.

Moreover, the incident should have taken place within the jurisdiction of Miamisburg municipality, except if it's a complaint involving domestic violence.

If you're the complainant, you'll be required to provide details of the incident, including when and where it happened. It's always advisable to seek the help of an attorney if you don't know the exact statute or ordinance to charge. If you choose to represent yourself, you can request the court staff to provide you with a copy of the municipal ordinance book, review it and select the ordinance charge.

But before seeking help from the court staff, it's always advisable to understand what they can and can't do.

What the court staff can do:

• Explain to you how the court works.
• Tell you the requirements to have your case considered.
• Provide you with available court forms.
• Guide you on how to fill out court forms.
• Tell you about court deadlines.

What the court staff can't do:

• Provide you with legal advice.
• Give an opinion on your case.
• Recommend a specific lawyer for your case.
• Consult the judge on your behalf on matters to do with the case.
• Change orders issued by the court.

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What happens after filing a complaint in Miamisburg Municipal Court?

After filing your complaint in the municipal court, a judicial officer or municipal court judge will review the information you supplied to determine whether the defendant committed a crime or offense. This process is usually known as finding probable cause.

The judicial officer will also need to determine whether you filed the complaint within the period required by law.

If the court finds probable cause and you filed the complaint within the legal time frame, it will issue a summons to the defendant and the case will be scheduled for a hearing. You'll also be notified when to appear in court for the hearing.

However, if the judge finds that there's no probable cause or you didn't file the complaint within the legal time frame, the judge may dismiss the case and take no further action. You'll be notified by mail of the same. For this reason, always notify the court if you change your mailing address after filing a complaint.

If your complaint goes to court, the municipal prosecutor will take charge to represent the state and determine if the case should proceed by reviewing its merits.

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How to file a small claims case in Miamisburg Municipal Court

Not everyone can afford to hire an attorney to represent them in court. This is where the small claims court comes in handy. It makes the court procedures simple and the entire process inexpensive.

The monetary limit for small claims suits in Miamisburg municipal court can't exceed $6000. So if you need to recover a higher amount, you'll need to go to a superior court.

You may file a small claims case in the Miamisburg municipal court if:

• The company or individual you're suing resides in Montgomery County.
• The property subject to the claim is located in Montgomery County.
• The actions that triggered the complaint occurred in Montgomery County.

Here's the step-by-step process of filing a small claims suit in Miamisburg municipal court.

Obtain and fill out the small claims forms

You'll be required to include details such as:

• Name and address of the defendant.
• Necessary details about your claim.
• Date the claim was triggered.
• Copy of any relevant document related to your claim.
• The amount you're asking for damages.

Pay the filing cost

In Miamisburg, the following charges apply when filing a small claims case as of October 2021:

• For claims not exceeding $3000 for one defendant, you'll pay $50. For every other additional defendant, you'll pay $20.
• For claims between $3000 to $6000 for one defendant, you'll pay $100; for every other additional defendant, you'll pay $20.

After filing the small claims case, the court does the following:

1. Schedules a hearing.
2. Notifies the defendant by mail that they've been sued and includes the hearing date.

Note that you'll need to prove your case during the hearing. For this reason, ensure that you have all the necessary documents and witnesses you need during the hearing. Also, you need evidence proving how much the defendant owes you, e.g., contracts, canceled checks, receipts, etc.

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What happens if you win your small claims case?

The judge will likely rule in your favor if the defendant doesn't show up for the hearing. They will also order the defendant to pay a specified amount of money, known as a money judgment. However, you may not automatically get the exact amount you asked for.

Note that the court won't collect the money on your behalf; you'll need to find ways to collect the money judgment from the defendant. If the defendant isn't willing to pay the money judgment, you'll need to find other ways to recover the money. This is why you need to determine whether the defendant is judgment proof.

If not judgment proof, you may recover your money from some of their readily available sources of income. The two most popular ways to recover your money are through bank account levy and wage garnishment.

However, if the defendant is judgment proof, it means they don't have anything of value that you can use to recover your money.

The Miniasburg municipal court only has jurisdiction over ordinance violations occurring within the boundaries of its municipality. You can file a complaint, small claims case, or counterclaims within the municipality. However, you'll need to consult with the court staff about the general filing requirements.

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