Commonly Asked Questions
Q: How can I check my driving record?
A: You can go to the Ohio Bureau of Motor Vehicles website and obtain an unofficial copy of your driving record. You can access that website from the Court's website by going to Legal Links and clicking on www.ohiobmv.com and then clicking on "online services" and follow the instructions.
Q: What are the court costs and deposits?
A: The basic court costs and deposits required are as follows: DIVISION DEPOSIT COSTS
- New filing $50.00+ (plus $4 per creditor)
- New filing 1% of amount of rent deposit
- New filing: $54+ (includes service of 1 deft.) ( $10 per extra deft.)
- B.M.V. - Non-Compliance Appeal $95.00
- B.M.V. - All Other Apeals $95.00
- New filing-money only $115.00 plus $10 per additional Defendant
- Replevin $115.00
- Forcible entry & detention $130.00
- Cognovit judgment $115.00
- Execution (property)$105.00
- Writ of Restitution $110.00
- Mandatory or Debtors Exam by
- Certified mail $15.00
- Held in Court $40.00
- Show Cause $30.00
- Service by Publication $275.00
- Garnishment $90.00
- Bank attachment $30.00 + a separate $1 check for the bank
- Issuing writs, orders, notices, releases $5.00
- Issuing subpoenas (per) $5.00
- Transfer of Certificate of Judgment $35.00
- All Journal Entries $5.00
- Issuing Certificate of Judgment $10.00
- Entering satisfaction of lien $5.00
- Certified mail $10.00
- Photocopy per sheet $ .25
- To certify your copy $2.00
- To certify a copy we make $2.00
- Motion and Journal Entry $10.00
- Continuance $5.00
TRAFFIC & CRIMINAL
- Expungement $50.00 plus court costs
- Notice of Appeal ( cash bond to be set) + $125.00 check for Court of Appeals)
- Taking of all Bonds $10.00
- Issuing Subpoenas $5.00
- Journal Entry $5.00
- To Certify your copy $2.00
- To Certify a Copy we make $2.00
- Motion & Journal Entry $10.00
- Waiver of Counsel $5.00
- Waiver of Jury $5.00
- Waiver of Hearing Time $5.00
- Waiver of Preliminary Hearing $5.00
- Jury Demand $5.00
- Driving Rights $10.00
- Issue Warrant $25.00
- Commit $5.00
- Discharge $5.00
- Summons $25.00
- No show letter $5.00
- NSF Check Fee $36.00
- Change of Plea $5.00
- Certified Mail $10.00
- Photocopy per sheet $ .25
- Misc. Fees $5.00
- Show Cause hearing $5.00
BASIC COURT COSTS: (Criminal & Traffic)
- COURT $35.00
- VICTIM OF CRIME $9.00
- GENERAL REVENUE
- Non-moving traffic - $10.00
- Criminal - $20.00
- Moving traffic -$20.00 plus a $10.00 moving fee = $30.00
- COMPUTERIZATION $5.00
- MUNI. CT. IMPROVE. $10.00
- NON-MOVING TRAFFIC = $69.00
- CRIMINAL = $79.00
- MOVING TRAFFIC - $89.00
Q: Do we accept filings by FAX?
A: Yes. We accept filings by FAX with the exception that we cannot accept an original complaint.
Q: What can I do if I am not able to make it to court on time? For example, if I am a truck driver and I am out of state.
A: If you are scheduled for a Court appearance and you are legitimately and unavoidably detained, file a written request for a continuance with the Clerk's office. File the request BEFORE your court date. You may FAX this request to the Court (330-335-2723). Your request will be reviewed and ruled upon by the Judge. If your request is granted, you will be notified of your next Court appearance by mail. Make sure the Court has a proper phone number and mailing address.
Q: WHAT HAPPENS IF YOU DON'T SHOW UP FOR COURT
A: If you do not show up for a scheduled court appearance for a criminal or traffic case in municipal court, you should expect a warrant to be issued for your arrest. This warrant is called a CAPIAS and usually has a bond amount stated within the document. Once you are arrested, the bond must be posted to secure your release from jail. In order to avoid the issuance of a CAPIAS, please see WHAT TO DO IF YOU CANNOT MAKE A COURT APPEARANCE. A CAPIAS also can be expected if you do not pay the fine and do not show up on the date ordered by the court.
You should know that once a CAPIAS is issued, the Clerk of Court can notify the BMV of the issuance of the CAPIAS. The BMV in turn blocks the person's driver's license and vehicle registration issuance or renewal, and assesses the person a $15 fee.
If you missed a court appearance or failed to pay a fine for a criminal case and think a CAPIAS may have been issued for your arrest, you should immediately call your attorney, if you have one.
In any case, you may call the Clerk of Court's office at (330)335-1596 to determine whether a CAPIAS has been issued and the amount of any bond. The clerk's office should be able to give you instructions on how to post bond or otherwise respond to the CAPIAS.
In civil cases, your failure to appear for a scheduled appearance can result in the case being dismissed if you filed the complaint, or a default judgment being rendered against you, if the suit was brought against you.
Q: WHAT TO DO IF YOU CANNOT MAKE A COURT APPEARANCE
A: FAILURE TO APPEAR IN COURT CAN LEAD TO YOUR ARREST AND INCARCERATION.
If you cannot appear in Municipal Court, do as many of the following as soon as you can:
If you are a witness, and were subpoenaed or asked to appear by the prosecuting attorney, call the prosecuting attorney. When you call, be sure to have the case number from the subpoena, if you have one.
If you are a witness, and were subpoenaed or asked to appear by the defense attorney, call the defense attorney. When you call, be sure to have the case number from the subpoena, if you have one.
If you are a defendant or a party to a case and have an attorney representing you, call the attorney as soon as you know you cannot appear as scheduled.
If you are a defendant or a party to a case and do not have an attorney representing you, call the clerk which handles your type of case, i.e. Criminal - (330)335-2722; Traffic - (330)335-2719; or 335-2720; Civil - (330)335-2721 or you may call the court bailiff at (330)335-2725. Explain why you cannot appear. Please be aware that an arrest warrant may still be issued for your failure to appear, even if you call the clerk or the bailiff.
Unless your attorney tells you otherwise, send a relative or a trusted friend to appear in court and explain why you cannot appear. Be sure your friend or relative knows where you are supposed to appear and how to contact you in case a question arises. Again, a warrant may still be issued for your failure to appear.
Please keep in mind that whether an arrest warrant is issued for your failure to appear, whether you are granted a continuance, or whether some other action is taken because you failed to appear, is up to the Judge. In appropriate cases, sanctions for failure to appear may include a person being prohibited from getting a driver's license, license plates or transferring a vehicle.
Taking some action to inform court authorities you cannot appear will almost certainly be better than doing nothing at all. If you missed a court appearance and want to know what to do next, see WHAT HAPPENS IF YOU DON'T SHOW UP FOR COURT.
PLEASE NOTE THAT A REQUEST FOR A CONTINUANCE MUST BE IN WRITING AND MAY BE FAXED TO (330)335-2723.
Q: Why are court costs charged if I pay a waiver and no court appearance is necessary?
A: Some court costs are required by the State. Mostly, court costs are required because every traffic citation or criminal complaint which is filed with the court must be entered into the court's computer system, and every document filed in each case must be put in a file, which the Clerk of Court is required to keep as a public record. This work must be done and the paper work is generated regardless of whether or not you appear.
Q: Why am I called for jury duty in the Wadsworth Municipal Court if I do not live in the city of Wadsworth?
A: The jurisdiction of the Wadsworth Municipal Court is more than just the city of Wadsworth. See jurisdiction listed on the home page.
Q: What do I do with my children when I come to Court or when I come for jury service?
A: There are NO facilities at the court to keep children occupied, so please make arrangements for your children to be taken care of when you have to come to court.
Q: How does Home Arrest work?
A: The defendant is under the supervision of Lake Erie Interlock and Home Arrest, Inc., but remains in his/her own house instead of being incarcerated in the Medina County Jail. The defendant wears an electronic monitoring device to ensure compliance. The defendant pays for the cost of this program.
Q: What is the cost of Home Arrest?
A: Lake Erie Interlock and Home Arrest, Inc, requires a $50 installation fee and charges $12 per day with an alcohol monitor, $9 per day without an alcohol monitor, and $10 per day for a cell unit.
Q: What are the different types of Bond and when can I get my money back?
A: The types of Bond are as follows:
- Surety Bond: Posted by a professional bonding company which guarantees the defendant's appearance in Court.
- Cash Bond: The full amount of the bond set by the Court must be paid. When the case is completed, the entire amount will be refunded.
- 10% Bond: The amount required to be paid is 10% of the amount of the bond. (If the bond amount is $5000, the amount you are required to post is $500.) When the case is completed, the Court keeps 10% of the amount posted and refunds the balance. (e.g. Of the $500 posted, the Court would keep $50 and $450 is refunded.)
- O.R. Bond: Own recognizance bond or a personal recognizance bond is where no money needs to be paid. It is a promise to appear secured by the persons signature.
If you post a bond for someone and you want to make sure you (and only you) can get the money back, make sure you are named on the receipt as the person who posted the bond.
If you are not named and the receipt is written in the name of the arrested person, that person will be able to use the money toward his fine and costs and the balance will be refunded to the arrested person.
Your money will not be refunded until the case is completely finished. That could take several months.