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Understating form "statement of claim" field

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Latest post Thu, Mar 16 2017 11:03 AM by ca19lawyer2. 4 replies.
  • Mon, Mar 13 2017 4:19 PM

    • zdenzel
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 9 2017
    • OH
    • Posts 8

    Understating form "statement of claim" field

    I have a small claims complaint form.  Here is one of the fields:

    For cause of action claimants says defendants is/are liable for the sum of $___ plus costs arising from: (state briefly the facts which support your claim, and which also support the amount of money which you allege is due you as damages)

    If someone has cheated me of $1,500, do I just put $1,500 in there, or do I add travelling costs (like flying to that state), fees to fill out forms, etc.?

  • Mon, Mar 13 2017 4:52 PM In reply to

    Re: Understating form "statement of claim" field

    Where are you filing this?  Your profile says you're in Ohio, but then you refer to "travelling costs (like flying to [some unidentified] state)."  That suggests you're not filing in Ohio (since, obviously, if you're in Ohio and filing in Ohio, there'd be no need to fly to another state).

    If you are filing in Ohio, it appears that Ohio does not have a statewide standard form, so it's difficult to tell you much without actually seeing the form.  What I can tell you is that the cost of traveling to the court is never recoverable.  Also, while there is typically a filing fee (which is recoverable -- hence the "plus costs" language), I can't conceive how you could incur any "fees to fill out forms."

  • Wed, Mar 15 2017 5:13 AM In reply to

    • zdenzel
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 9 2017
    • OH
    • Posts 8

    Re: Understating form "statement of claim" field

    Why are the travel costs never recoverable?

  • Wed, Mar 15 2017 6:28 AM In reply to

    Re: Understating form "statement of claim" field

    Because how you get to court is your problem. 

  • Thu, Mar 16 2017 11:03 AM In reply to

    Re: Understating form "statement of claim" field

    zdenzel:
    Why are the travel costs never recoverable?

    Each state has laws about what costs are recoverable.  They typically include filing fees, process server fees, deposition costs, etc.  I'm not aware of any state in which a litigant may recover for the cost of traveling to and from the courthouse.

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