Miamisburg Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Payment must be secured when the document is filed electronically.

Payment must be secured at the time of filing.

CRITICAL

Applies to

Writ of restitution

The landlord must pay the applicable fee when filing a writ of restitution in the stated circumstances.

Upon the granting of restitution, if the tenant fails to vacate the premises and remove his property therefrom, the landlord shall file a writ of restitution with the Clerk of Court and pay the applicable fee.

CRITICAL

Fee

$1000

Applies to

Jury demand

A $1,000 jury deposit must be paid when the jury demand is filed.

The jury deposit shall be one thousand dollars ($1,000.00) and shall be deposited at the time of filing of the jury demand.

CRITICAL

Applies to

Jury trial demand

A party demanding a jury must make the deposit specified in Schedule A.

The party making a demand for a jury shall make a deposit as set forth in Schedule “A”.

CRITICAL

Applies to

Witness subpoena

A witness subpoena in a civil proceeding may issue only after the witness fee and estimated mileage are deposited with the Clerk, and the qualifying witness receives the fee upon presenting the subpoena.

No subpoena for a witness in a Civil proceeding shall be issued until a witness fee cost and estimated mileage is deposited with the clerk. A witness who testifies or is available for the purpose shall receive this fee upon presentation of the subpoena to the Clerk of Court.

CRITICAL

Fee

$100

Applies to

Writ against chattel property

Before a writ or process against chattel property other than personal earnings issues, the required expense deposit must be made with the Clerk and cannot be less than $100.

Before any writ may be issued in an execution, replevin, attachment, or any other process against chattel property other than personal earnings, a sum of money sufficient to pay the cost of moving, storage, advertising and the care of any custody of property must be deposited with the Clerk to secure such expenses. The amount of such deposit shall not be less than one hundred dollars ($100.00).

CRITICAL

Applies to

Small claims complaint

Small Claims complaint costs and filing fees are set by Schedule A, which includes service of the notice and summons; other service fees match those of the regular Civil Court Division.

The costs and filing fee for a Small Claims complaint will be as set forth in Schedule “A”. This filing fee includes cost of serving the notice and summons. Fees for service other than those set forth above shall be the same as the fees set by the regular Civil Court Division.

CRITICAL

Applies to

Small claims transfer

The required filing costs must be paid before a small claims matter can be transferred to the regular docket.

Upon filing of motion and affidavit, as required by §1925.10 of the Ohio Revised Code, and upon payment of the required cost, the small claims matter will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.

CRITICAL

Applies to

Facsimile filing

The Clerk will not accept by fax a document requiring a filing fee or file a tendered document requiring court costs and fees; no additional fee is charged for fax filing.

G. FEES AND COSTS: No document filed by facsimile that requires a filing fee shall be accepted by the Clerk. Documents tendered to the Clerk which require payment of court costs and fees will not be filed. No additional fee shall be assessed for facsimile filings.

WARNING

Applies to

Proceedings in aid of execution

For an unrepresented party, the court provides assistance and necessary forms for proceedings to collect and enforce a judgment upon payment of court costs.

Pursuant to §1925.13 of the Ohio Revised Code, if a party is not represented by counsel, the court, upon payment of court costs, shall explain to the parties and assist the parties in the preparation and filing of, and supply the parties with any necessary forms for, proceedings in aid of execution to collect and enforce judgments.

WARNING

Amounts below $10 will not be refunded.

Any amount less than ten dollars ($10) will not be refunded.

WARNING

Applies to

Unused deposit

Unused deposits remaining with the Clerk of Courts at the end of one year will be returned to the attorneys who filed the cases upon their motion.

E. UNUSED DEPOSITS: Unused deposits still on hand with the Clerk of Courts at the end of one (1) year will be returned to the respective attorneys filing those cases upon motion of said attorneys.