The following cases may be filed in Sessions Court on a Civil Warrant. These suits may not
exceed $25,000.00. Suits above this amount must be filed in Circuit Court. |
- Open accounts
- Contracts
- Notes
- Damages
|
| These suits may be filed for an unlimited
amount. |
- Replevins
- Detainers
- Detinues
|
The clerk must have an original civil warrant and a copy
for each defendant to file a suit. An additional civil warrant is required for service out
of county or out of state. All cost on civil warrants are prepaid unless a pauper’s
oath is filed. The warrant must include the following information:
- The plaintiff’s name, address and phone number
- The defendant’s name, home address and work address
- The attorney’s name, address, and attorney’s number
- The type of action and the amount of the suit
- Both sides of the warrant must have the same style
Civil warrants served by the Secretary of State must be accompanied by a $20.00 check
payable to the Secretary of State. Civil warrants served by the Commissioner of Insurance
must be accompanied by a $10.00 check payable to the Commissioner of Insurance. Civil
warrants served out of county must have a $22.00 check payable to the sheriff of the
county doing the service.
The hearing on cases served out of county or by a private process server are set in
advance of service by the clerk. All other hearings are set by the deputy at the time of
service. The clerk is not required to send notification of any court dates. It is the
responsibility of the plaintiff to call the clerk’s office to confirm service and the
court date.
There are no jury trials in Sessions Court. It is not a court of record and all
judgments are rendered by the Judge.
A thirty day notice, or 10 day notice if Rent is weekly, must be given to the tenant before a detainer warrant can be issued, unless lease states otherwise. Writs of possession may not be issued until the eleventh day from the judgment
date. When a plaintiff is given a judgment for possession of the property on a detainer
warrant, it is the plaintiff’s responsibility to request the writ of possession.
Arrangements for service are made through the Sheriff’s Department. The plaintiff is
responsible for removing any possessions left by the tenant from the property.
An appeal on a judgment must be filed within ten days after the judgment is rendered.
The cost of Appeal is $207.50.
A garnishment can be issued on the eleventh day after the judgment date. A wage
garnishment is effective for six months. Personal checks cannot be accepted on
garnishments. |