Civil Division Information
The civil division is designed to allow collection agencies, collection agents, a firm, an association, a corporation, or an individual being represented by an attorney, to file a claim to settle certain disputes that are not more than $25,000.00 and do not meet the criteria to be filed in the small claims division. These may include contracts, recovery for damages to personal property, money owed, or delivery of personal property. A civil lawsuit usually deals with the private rights of individuals, groups, or businesses. Any claim over $25,000.00 will need to be filed in circuit court.
An example of a civil lawsuit is a collection agency suing an individual for a medical debt or a credit card company suing an individual for a past due bill.
The civil division holds trials and hearings at 1:00 p.m. on the fourth Wednesday of each month in the Washington County District Court - Springdale Department courtroom located at 201 Spring Street.
A court clerk is not permitted to give legal advice about any case, quote or interpret laws, quote or interpret rules, recommend attorneys, recommend methods of service, recommend process servers, or anything of that nature. The clerk may not answer questions that go beyond very limited procedural direction. The clerk's primary job is as keeper of the records only and they must remain unbiased in that position.
FEES:
New case filing fee: $80.00 + $2.50 per summons
Transfer case filing fee: $80.00
Writ of garnishment issuance: $10.00
Writ of execution issuance: $10.00
Writ of scire facias issuance: $10.00
Appeal transcript fee: $20.00
Triple authenticated copy:
$10.00.
Certified copy: $5.00
Clerk subpoena issuance: $5.00
Copies: $0.12 per page
COMPLAINT:
A civil action is started when the plaintiff(s) or an attorney for the plaintiff(s) submits a written complaint to the court clerk to be filed. The court clerk must file mark the complaint with the date and time of filing, which establishes the venue. The complaint must include the following information to serve its legal purpose:
The names and current addresses of the plaintiff(s) and the defendant(s)
The amount of money claimed or a description of the property to be recovered
A brief description of why the plaintiff(s) believes the defendant(s) owes the amount of money or property claimed
Signature of the plaintiff(s) or the attorney for the plaintiff(s) and contact information.
Additional documents might be attached to the complaint form if the plaintiff believes it is necessary. Once the complaint is accepted by the clerk of court and filed by the court, the clerk will issue a summons. The plaintiff(s) or the plaintiff's attorney will then need to have the summons and complaint served upon the defendant to inform the defendant(s) that an action has been filed against them.
SERVICE:
An action is not commenced unless the defendant(s) is served with the claim form within one hundred twenty (120) days of filing. The plaintiff(s) may elect to have the summons served on the defendant(s) by certified mail-restricted delivery, a process server, or by the sheriff. Each defendant must be served, otherwise, the court does not obtain jurisdiction over the defendant(s). The court must have proof of service showing the date of service before proceeding with any further actions. The Court does not collect the service fee or arrange for the service of the paperwork.
ANSWER:
Each person listed as a defendant in a lawsuit must file a written answer if they are contesting the claim of the plaintiff(s). The defendant(s) has thirty (30) days from the date of service of the lawsuit to file an answer to the complaint with the clerk. The defendant(s) are required to mail a copy of the answer to the plaintiff(s) as well as to the court.
The court does not take payments or make payment arrangements for debts owed in complaints filed in civil or small claims court. If the defendant(s) admits everything in the lawsuit to pay the debt, they may contact the plaintiff(s) or the plaintiff's attorney directly to make arrangements.
IF YOU ARE THE DEFENDANT - in a civil case and have received a complaint and summons, or an order or notice to appear in court, this means you are being sued. If you do not know why you are being sued, contact the plaintiff(s). Not answering a complaint or not appearing in court could result in a default judgment or a body attachment issued against you.
COMMON QUESTIONS:
Why didn't the Court notify me about…?
The clerk's primary job is as an unbiased keeper of the records. It is the responsibility of the plaintiff or plaintiff's attorney to provide the defendant or defendant's attorney with copies of any documents or correspondence made with the court and vice versa. The only correspondence the court clerk will have with the parties is limited to the activity needed to set trial dates, and in small claims cases to mail the parties a copy of the judgment or order entered by the judge. It is also the responsibility of the parties to maintain current contact information with the court clerk, including mailing addresses, telephone numbers, and e-mail addresses.