If you were involved in an accident in Toledo, Ohio and the other party involved wasn’t carrying insurance, you may be able to have the Court order that individual to pay for the damages done to the vehicle. In some instances, the Court may or may not have jurisdiction over an offense which means they might not be able to help you collect those funds you are needing to get your vehicle repaired. And more than likely you aren’t exactly wanting to file the claim through your own insurer because that could mean you will be required to pay out of pocket.
However, according to the Toledo Municipal Court, there are ways you can recover the costs for the damages. If the damage done amounts to $3,000 or less, you can take your claim to small claims court. Small Claims is a division of the Toledo Municipal Court that will allow you, the defendant, to file a civil claim against the at-fault party for damages. The maximum amount you can fight for when taking a claim to Small Claims Court is $3,000 so be mindful of this amount when assessing the actual value of damage your vehicle sustained.
When can I file a Small Claim in Toledo Municipal Court?
The Small Claims Division is able to assist with cases when:
- The accident occurred within the City of Toledo, Village of Ottawa Hills, or Washington Township.
- The defendant, or the at-fault party, who is being sued is a resident of the City of Toledo.
How can I file a claim through the Small Claims Court in Toledo?
When taking a claim to court, it is advantageous for you to either consult with one of our Toledo, Ohio accident lawyers firsthand or actually hire one to assist with the process. While you do have the option to file pro se which indicates you aren’t taking on legal counsel, those who elect to hire an attorney generally have a better outcome in the end.
In order to file your claim, you will need to do the following:
- Provide the court with the defendant’s name and valid mailing address so they can issue the notice of the lawsuit.
- Pay a fee of $55.50 for a claim against one defendant and $11.50 for any additional defendants listed on the claim. If a final judgement is entered in your favor, and you have an increased chance of obtaining this outcome with the help of one of our Toledo accident attorneys, you might be able recover these costs.
- Fill out a Complaint Form and Praecipe Form which are available at the court. The address to the Toledo Municipal Court is:
555 N. Erie St. Toledo, OH 43604
How long will it take for my hearing?
In most instances, the Court sets the hearing dates approximately 28 days from the date of filing. Any claims filed through Small Claims will be set before Magistrates and will occur Monday through Friday at 9:00 a.m. The cases will be heard in Court Room #9 which is located on the 3rd floor of the courthouse.
Now, maybe you aren’t looking to take your case before Small Claims Court or your accident didn’t involve a vehicle. That’s okay as our accident lawyers in Toledo can help you with your matter no matter what the circumstances may be. Give us a call today and we will pair you up with a nearby accident attorney in Toledo who will schedule you for your free consultation as soon as possible.