Lorain County Court of Common Pleas, Ohio Filing Fees and Waivers

CRITICAL

Applies to

Praecipe for order of sale

The praecipe must include a check or money order payable to the relevant Lorain County newspaper for the legal advertisement, with the newspaper and payment amount determined by the Sheriff’s Department schedule.

a check or money order made payable to the Lorain County newspaper of general circulation in which the legal advertisement for sale of the subject property is to run. The choice of newspaper and amount of payment for the legal advertisement shall be based upon a schedule developed by and available from the Lorain County Sheriff’s Department, Civil Office.

CRITICAL

Fee

$1

Applies to

Garnishment of property

A garnishment of property other than personal earnings must include a one-dollar check payable to the bank where the funds are being garnished.

One Dollar ($1.00) check payable to the bank where funds are being garnished.

CRITICAL

Applies to

Garnishment of personal earnings

A security deposit for costs required by the clerk of courts must be submitted with a garnishment of personal earnings.

The security deposit for costs required by the clerk of courts.

CRITICAL

Applies to

Sheriff sale cancellation

All costs and fees must be paid in full before a Sheriff’s sale may be cancelled, except in bankruptcy cases.

Except in the case of bankruptcy, no Sheriff’s sale will be cancelled prior to all costs and fees being paid in full.

CRITICAL

A person claiming indigency must file an in forma pauperis application with an affidavit explaining the inability to prepay costs, and the affidavit is subject to court review at any stage.

(C) In the event of claimed indigency, the indigent person shall file an application to proceed in forma pauperis, accompanied by a supporting affidavit. The affidavit shall state the reasons for the inability to prepay costs and is subject to court review at any stage of the proceedings, as set forth in ORC 2323.311.

CRITICAL

Applies to

Civil action filing

Unless otherwise provided by law, a civil action or proceeding may not be accepted for filing until the required security-for-costs deposit is made, and the court may require additional funds.

(A) Unless otherwise provided for by law, no civil action or proceeding shall be accepted by the Lorain County Clerk of Courts for filing unless the party or parties offering same for filing shall have first deposited a sum to secure the payment of costs that may accrue in such action or proceedings. Such advance deposit shall be in accordance with the schedule approved by the court and prepared and published by the clerk of courts. The court may also order the deposit of additional funds depending on the nature of the case.

CRITICAL

Applies to

Electronic filing requiring a fee

An electronically filed document requiring a fee may be rejected unless the filer pays the fee or requests a waiver under Subsection M.

Any document filed electronically that requires a filing fee may be rejected by the clerk unless the filer has paid or requested a waiver of the filing fee in accordance with Subsection M.

CRITICAL

Applies to

Garnishment

The garnishee fee must be provided separately from, and is not included in, the filing deposit.

(5) Affidavit of the judgment creditor or the judgment creditor’s attorney in accordance with Ohio Revised Code §2716.11 and the garnishee fee (separate from and not included in the deposit for filing) in accordance with Ohio R.C. 2716.12.

CRITICAL

Applies to

Initial praecipe for order of sale

For initial praecipes filed on or after October 1, 2020, a one-time per-case online auction management system license fee is required and taxed as a case cost.

effective with all initial praecipes filed on or after October 1, 2020, the one-time per case license fee for the online auction management system pursuant to ORC 2329.153 as set forth in the schedule of deposits and fees maintained by the Clerk of Courts, which shall be taxed as costs in the case;

CRITICAL

Applies to

Cross claim or counterclaim

In qualifying transferred cases, a cross-claimant or counter-claimant must post the required security for costs within 10 days of docketing.

(B) For cases transferred to this court in which the demand of the cross-claim and/or counter- claim exceeds the monetary jurisdiction of the municipal court, the cross-claimant and/or counter-claimant shall post security for costs in a sum equal to the amount required if the case were originally filed in this court within 10 days of docketing the case.

CRITICAL

Applies to

Praecipe for order of sale

The clerk must send the advertisement payment with the order of sale to the sheriff, who forwards it to the newspaper, and the clerk must reject non-tax foreclosure praecipes lacking that payment.

The Clerk shall issue the Order of Sale to the Sheriff, accompanied by the check or money order required to pay for the legal advertisement. The Sheriff shall forward said payment directly to the appropriate newspaper upon placing the legal advertisement. The Clerk is instructed to reject for filing any praecipes for Orders of Sale in non-tax foreclosure matters that are not accompanied by the required payment for the legal advertisement.

WARNING

Applies to

Appraisal

Appraisal fees are based on the Auditor’s last tax appraisal and the fee schedule on file with the clerk of courts.

Appraisal fees shall be based on the Auditor’s last tax appraisal of the property as shown by his duplicates and be scaled in accordance with the schedule on file with the clerk of courts.

WARNING

Filing deposits and fees may be paid electronically through the e-file system.

The e-file system accepts payment of deposits and fees electronically.