Ohio Revised Code

Ohio Rev. Code § 1925.05 (2026)

Service of notice of filing

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Effective:

June 23, 1992

Latest Legislation:

Senate Bill 105 - 119th General Assembly

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(A) Notice of the filing shall be served on the defendant as provided by the Rules of Civil Procedure. The notice after setting forth the name of the court, shall read substantially as follows:

"To (here insert the name of defendant or defendants).

"(Here insert the name of plaintiff or plaintiffs) ask judgment in this court against you for (here insert the amount claimed in dollars and cents) upon the following claim (here insert the nature of the claim, but no list of items need be included).

"The court will hold trial upon this claim at (here insert where and the room number, as may be necessary) at (here insert the hour) on (here insert the date, including the day of the week).

"If you do not appear at the trial, judgment may be entered against you by default, and your earnings may be subjected to garnishment or your property may be attached to satisfy the judgment. If your defense is supported by witnesses, account books, receipts, or other documents, you must produce them at the trial. Subpoenas for witnesses, if requested by a party, will be issued by the clerk.

"If you admit the claim but desire time to pay, you may make such a request at the trial. If you believe you have a claim against the plaintiff, you must file a counterclaim with the court and must serve the plaintiff and all other parties with a copy of the counterclaim at least seven days prior to the date of the trial of the plaintiff's claim."

(B) If the notice is returned undelivered or if in any other way it appears that notice has not been received by the defendant, at the request of the plaintiff or his attorney, a further notice shall be issued, setting the trial for a subsequent date, to be served in the same manner as a summons is served in an ordinary civil action. The court may charge an additional fee if further notices are issued.

Notes of Decisions

Cited in 20 cases (5 in the last 5 years), 1983–2025 · leading case: Tennant v. Gallick, 2014-Ohio-477.

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Tennant v. Gallick, 2014-Ohio-477. · cites it 3× “Under R.C. 1925.05(A), small claims courts are permitted to enter default judgment where a defendant fails to appear at a hearing.”

Lin v. Reid, 464 N.E.2d 189 (Ohio Ct. App. 10th Dist. 1983). “More importantly, however, was plaintiff’s argument that, under R.C. 1925.05 concerning notice and service as to small claims, he had no reason to anticipate the filing of a counterclaim as even an answer is unnecessary.”

Bellbrook Firefighters Assn. v. Haus, 2019-Ohio-3194. · cites it 3× “{¶ 13} Haus cites no authority for the proposition that an amended claim in small claims court first must be unclaimed by certified mail before ordinary mail is applicable.”

Rick's Foreign Exch. Co. v. Greenlee, 2014-Ohio-4505. “” Additionally, R.C. 1925.05(A) provides that notice of the small claims filing served on the defendant must state: “If you believe you have a claim against the plaintiff, you must file a counterclaim with the court and must serve the plaintiff and all other parties with a copy…”

Taylor v. Herring, 2014-Ohio-5638. · cites it 2× “” R.C. 1925.05 also provides the specific content of the notice that must be provided to the defendant in a small claims action.”

Basinger v. York, 2012-Ohio-2017. “See also R.C. 1925.05(A); Civ.R. 13(A). Therefore, one forum should resolve all of the claims in this case.”

Mustafa v. Al-Bayer, 2020-Ohio-1315. “{¶ 23} R.C. 1925.05 provides that "[i]f you believe you have a claim against the plaintiff, you must file a counterclaim with the court and must serve the plaintiff and all other parties with a copy of the counterclaim at least seven days prior to the date of the trial of the…”

Burke v. LaGar Mktg., Inc., 2021-Ohio-4151. “See generally R.C. 1925.05(A) (notice of the small claim filing to the defendant does not contemplate an answer being filed).”

Rosalind Holmes v. Cobblestone Grove, 2017-Ohio-55. “" The record shows that the summons advised Cobblestone, in compliance with R.”

Simon v. Durham, 649 N.E.2d 1240 (Ohio Ct. App. 8th Dist. 1994). “R.C. 1925.05. Thus, the damages limitation rule of Civ.”

McCrown v. Eichenberger, 2022-Ohio-2861. “{¶18} R.C. 1925.05(A) provides that “notice of the filing shall be served on the defendant as provided by the Rules of Civil Procedure.”

Green v. Kaser, 2019-Ohio-1917. · cites it 9× “{¶ 11} On July 11, 2018, the trial court entered its judgment as to Green’s complaint and Kaser’s counterclaim, finding in favor of Kaser as to her counterclaim for household expenses and property damage, offset by the amount acknowledged owed by Kaser for her portion of the…”

Show all 20 citing cases →

Ohio Rev. Code § 1925.05(A): 13 cases

Tennant v. Gallick, 2014-Ohio-477. “Under R.C. 1925.05(A), small claims courts are permitted to enter default judgment where a defendant fails to appear at a hearing.”

Rick's Foreign Exch. Co. v. Greenlee, 2014-Ohio-4505. “” Additionally, R.C. 1925.05(A) provides that notice of the small claims filing served on the defendant must state: “If you believe you have a claim against the plaintiff, you must file a counterclaim with the court and must serve the plaintiff and all other parties with a copy…”

Bellbrook Firefighters Assn. v. Haus, 2019-Ohio-3194. “{¶ 13} Haus cites no authority for the proposition that an amended claim in small claims court first must be unclaimed by certified mail before ordinary mail is applicable.”

Basinger v. York, 2012-Ohio-2017. “See also R.C. 1925.05(A); Civ.R. 13(A). Therefore, one forum should resolve all of the claims in this case.”

Taylor v. Herring, 2014-Ohio-5638. “” R.C. 1925.05 also provides the specific content of the notice that must be provided to the defendant in a small claims action.”

Ohio Rev. Code § 1925.05(B): 3 cases

Bellbrook Firefighters Assn. v. Haus, 2019-Ohio-3194. “{¶ 13} Haus cites no authority for the proposition that an amended claim in small claims court first must be unclaimed by certified mail before ordinary mail is applicable.”

CP Props. of Shaker, L.L.C. v. Eaton, 2011-Ohio-6085.

Green v. Kaser, 2019-Ohio-1917. “{¶ 11} On July 11, 2018, the trial court entered its judgment as to Green’s complaint and Kaser’s counterclaim, finding in favor of Kaser as to her counterclaim for household expenses and property damage, offset by the amount acknowledged owed by Kaser for her portion of the…”

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