Landlord Tenant cases are intended to handle disputes between landlord and tenants occurring within the county of Calhoun. If you are renting a home, apartment, mobile home or some other building from someone, your are a Tenant. A Landlord is the person who is renting the home, apartment, mobile home or some other building to you. Both landlords and tenants have legal rights.
Landlord Tenant cases involve such actions as: non-payment of rent, evictions and land contract forfeitures. If you want to start an action against a landlord or a tenant you must begin by filing the proper forms and paying the required fees at the clerk's office.
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 in the 10th District Court, the cause of the action must have occurred in, or the defendant must reside or do business in the county of Calhoun.
In general civil cases, unlike small claims, either party has the right to an attorney and the right to a jury trial.
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 $75.00. 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 $75.00. 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.
Small claims provides a forum that allows for resolving money disputes of up to $6,000.00. To start a small claims lawsuit in the 10th District Court, 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 and the right to a jury trial.
Landlord Tenant Filing Fees
|Type of Filing and Request||Fee|
|Possession of Residence||$55.00|
|Type of Filing or Request||Fee|
|$0 - $600||$90.00|
|$600.01 - $1750||$110.00|
|$1750.01 - $10,000||$130.00|
|$10,001 - $25,000||$215.00|
General Civil Lawsuit Fees
|Amount of claim||Fee|
|$0 - $600.00||$35.00|
|$600.01 - $1750.00||$55.00|
|$1750.01 - $10,000.00||$75.00|
|$10,000.01 - $25,000.00||$160.00|
Property Return & Damages
|Amount of Money Requested||Fee|
|$0 - $600.00||$110.00|
|$600.01 - $1750.00||$130.00|
|$1750.01 - $10,000.00||$150.00|
|$10,000.01 - $25,000.00||$235.00|
Small Claims Fees
|Amount of Claim||Fee|
|$0 to $600||$30.00|
|$600.01 to $1750||$50.00|
|$1750.01 to $6000||$70.00|