The Civil Division processes Civil suits, Small Claims cases, Landlord-Tenant disputes and Land Contract cases. The Court handles civil suits up to $25,000 while Small Claims cases provide an inexpensive forum for resolving money disputes up to $5,500.
|1. Complaint Only||$55.00|
|2. Complaint with claim for money damages:|
|a.) Does not exceed $600||$90.00|
|b.) Exceeds $600 however not $1,750||$110.00|
|c.) Exceeds $1,750 however not $10,000||$130.00|
|d.) Exceeds $10,000||$215.00|
|3. Order of Eviction or Writ of Restitution||$15.00|
|1. Claim does not exceed $600||$43.65|
|2. Exceeds $600 however not $1,750||$63.65|
|3. Exceeds $1,750||$83.65|
Note: Add an additional $13.65 mailing fee for EACH Defendant listed on the claim.
|1. Does not exceed $600||$35.00|
|2. Exceeds $600 however not $1,750||$55.00|
|3. Exceeds $1750, however not $10,000||$75.00|
|4. Exceed $10,000||$160.00|
|1. Does not exceed $600||$110.00|
|2. Exceeds $600, however not $1,750||$130.00|
|3. Exceeds $1,750 however not $10,000||$150.00|
|4. Exceeds $10,000||$235.00|
Note: Fees shall be waived or suspended if the person is receiving public assistance or is determined by the court to be indigent.
|Writ of Garnishment||$15.00|
|Execution against Property||$15.00|
|Subpoena-asset discovery only||$15.00|
Note: A motion fee of $20.00 shall be assessed for all motions filed in civil actions, regardless of the amount in controversy. Such as “Installment Payment Orders”.
After receiving a Judgment for Possession, Landlord must wait the statutory 10 days or the agreed move out day before filing the APPLICATION AND ORDER OF EVICTION DC (107) with District Court. This applies whether is a Demand for Non-payment of rent, Termination of Tenancy, Foreclosure, etc.
Need to file:
Review form, it should contain:
Orders of Eviction are high priority, can be enforced immediately if the Landlord chooses to do so. (CATO COMPANIES are the only ones in the county to enforce them right away) However landlord has 56 days from issuance to enforce them.
South West Legal Services delivers the Order to the premises, service is done by Personal service or posting, officer would leave along with the ORDER, a 24 hour notice to move out; officer would determine if tenants are in process of moving, have vacated or still in possession, officer then contact landlord or attorney’s office to schedule the eviction.