The following cases may be filed in Sessions Court on a Civil Warrant. These suits
may not exceed $25,000.00. Suits above this amount must be filed in Circuit Court.
- Open accounts
These suits may be filed for an unlimited amount.
The clerk must have an original civil warrant and a copy for each defendant to file
a suit. An additional civil warrant is required for service out of county or out
of state. All cost on civil warrants are prepaid unless a paupers oath is
filed. The warrant must include the following information:
- The plaintiffs name, address and phone number
- The defendants name, home address and work address
- The attorneys name, address, and attorneys number
- The type of action and the amount of the suit
- Both sides of the warrant must have the same style
Civil warrants served by the Secretary of State must be accompanied by a $20.00
check payable to the Secretary of State. Civil warrants served by the Commissioner
of Insurance must be accompanied by a $15.00 check payable to the Commissioner of
Insurance. Civil warrants served out of county must have a $28.00 check payable
to the sheriff of the county doing the service.
The hearing on cases served out of county or by a private process server are set
in advance of service by the clerk. All other hearings are set by the deputy at
the time of service. The clerk is not required to send notification of any court
dates. It is the responsibility of the plaintiff to call the clerks office
to confirm service and the court date.
There are no jury trials in Sessions Court. It is not a court of record and all
judgments are rendered by the Judge.
A thirty day notice, or 10 day notice if Rent is weekly, must be given to the tenant
before a detainer warrant can be issued, unless lease states otherwise. Writs of
possession may not be issued until the eleventh day from the judgment date. When
a plaintiff is given a judgment for possession of the property on a detainer warrant,
it is the plaintiffs responsibility to request the writ of possession. Arrangements
for service are made through the Sheriffs Department. The plaintiff is responsible
for removing any possessions left by the tenant from the property.
An appeal on a judgment must be filed within ten days after the judgment is rendered.
The cost of Appeal is $209.50. A garnishment can be issued on the eleventh day after
the judgment date. A wage garnishment is effective for six months. Personal checks
cannot be accepted on garnishments.