General Civil cases include all lawsuits that are not small claims cases. The amount of a general civil claim cannot exceed $25,000. Civil lawsuits for claims greater than $25,000 must be filed in Circuit Court.
To start a general civil lawsuit, the cause of the action must have occurred in, or the defendant must reside or do business in the county of Calhoun.
Claims can be filed at the clerk’s office weekdays during court hours.
In general civil cases, unlike small claims, either party has the right to an attorney, the right to a jury trial and the right to appeal the decision of the court.
If you want to sue for the return of a possession you can file a claim and delivery case to recover your item. The filing fee to start an action for return only is $65.00. The filing fee for return, plus money damages, depends on the amount of the claimed damages.
You may file a petition to contest the impoundment of a vehicle and/or towing and storage fees. The filing fee for this is $65.00. You are also required by law to post a bond with the Court of $40.00 plus the amount of accrued towing and storage fees.
For court forms that can be downloaded or filled in on-line and printed, click here!
Small claims provides a forum that allows for resolving money disputes of up to $5,000.00. To start a small claims lawsuit, the cause of the action for which you are suing must have occurred, or the defendant you are suing must live or do business in the county of Calhoun.
The cost of beginning a small claims lawsuit depends on the amount of the claim.
Small claims are an informal and speedy way to settle money disputes. Initial hearings in small claims court are before an Attorney/Magistrate who attempts to resolve the matter.
If you have a case in small claims court, you give up the right to have an attorney present in court, the right to a jury trial and the right to appeal a Judge’s decision.