Ohio § 1925.02

§ 1925.02.

(A)(1) Except as provided in division (A)(2) of this section, a small claims division established

under section 1925.01 of the Revised Code has jurisdiction in civil actions for the recovery of taxes and money only, for amounts

not exceeding six thousand dollars, exclusive of interest and costs. (2)(a) A small claims division does not have jurisdiction in any of the following: (i) Libel, slander, replevin, malicious prosecution, and abuse of process actions; (ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes

that is filed by any authorized employee of a political subdivision or any authorized

officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney; (iii) Actions for the recovery of punitive or exemplary damages. (b) Division (A)(2)(a) of this section does not exclude either of the following: (i) Actions for the recovery of damages specifically authorized by division (B) of either section 1345.09 or 1345.48 of the Revised Code from the jurisdiction of a small claims division; (ii) The filing or defense of an action by the holder of a security agreement or retail

installment contract, purchased by the holder for the holder's portfolio of investments,

provided that the holder is not an assignee for the purpose of collection. (3) The territorial jurisdiction and venue of a small claims division are concurrent

with that of the respective court under its procedures in ordinary civil actions.  Jurisdiction over the person of a defendant may not be obtained by any form of published

or substituted service or warrant of attorney. (B) A counterclaim or cross-claim of six thousand dollars or less does not affect the

jurisdiction of a small claims division.  If a counterclaim or cross-claim exceeds six thousand dollars and if the case is

transferred to the regular docket of the court, the court, if it finds that the counterclaim

or cross-claim was without substantial grounds, may award reasonable attorney's fees

by special order to the party against whom the counterclaim or cross-claim is instituted,

if that party prevails in the action on that claim. (C) Any person who files a counterclaim or cross-claim shall file it with the small claims

division and serve it on all other parties at least seven days prior to the date of

the trial of the plaintiff's claim in the original action. (D) It is the intent of the general assembly in enacting division (A)(2)(b)(ii) of this

section to clarify that the filing of such an action in a small claims division established

under section 1925.01 of the Revised Code was not prohibited prior to the effective date of this amendment, and is not prohibited,

provided the holder is not an assignee for the purpose of collection. (E) As used in this section: (1) “Person” has the same meaning as in division (C) of section 1.59 of the Revised Code and also includes governmental entities. (2) “Political subdivision” and “employee” of a political subdivision have the same meanings

as in section 2744.01 of the Revised Code . (3) “State” has the same meaning as in section 109.36 of the Revised Code . (4) “ Officer or employee of the state ” means any person who is serving in an elected or appointed office or position with

the state or is employed by the state.  “Officer or employee of the state” does not include any person elected, appointed,

or employed by any political subdivision. (5) “Retail installment contract” and “security agreement” have the same meanings as

in section 1317.01 of the Revised Code .