A civil action is a legal proceeding in which one person (plaintiff) sues another (defendant) who has caused injury or loss. The plaintiff seeks compensation or protection from the defendant.

In District Court many civil actions involve relatively simple court procedures which may be filed without an attorney. However, prior to filing an action an individual should consider the risks and responsibilities involved in filing and become knowledgeable about the procedures and laws.

What is the difference between civil and criminal procedures?

Relating to Money
Small Claims
To file for a small claim in District Court, claims must be under $5,000, for money only and requires no discovery.

 Relating to Property
 Replevin and detinue: actions used to recover property.

 Peace and Protective Orders:
Used to prevent one person from committing certain acts against others and property.

What is the difference between civil and criminal procedures?
In criminal matters, action is taken by the "state" (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result in a sentence such as a fine, probation or time in jail.

A civil proceeding is one in which one person (plaintiff) sues another (defendant) who has caused him injury or loss. The plaintiff seeks compensation from the defendant for his loss. A judgment in a civil matter does not include the imposition of a criminal sentence.

Small Claims
What is a small claim?
To be tried as a small claim in District Court, your case must:
• be for $5,000 or less; and,
• be for money only, not the return of property or performance of a service; and,
• not involve any discovery such as interrogatories (written questions that the other side must answer under oath in writing, before the trial).

If you do not meet all three of these conditions, you do not have a small claim. You may wish to consult with an attorney to explore other options.

For more information, see Small Claims.
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Collections
How do I collect a judgment?
The court will not act on its own to collect the money you are owed. It is up to the individual who has been awarded a judgment to take the steps necessary to enforce it. If the defendant in your case is not willing to pay the debt or work out a payment plan, you will have to complete and file more forms with the court, pay the required filing fees and appear in court for additional hearings.

For more information, see Post Judgment.

Garnishment, Wage
What is a wage garnishment?
A wage garnishment is a procedure through which some portion of a person’s (debtor) earnings is withheld by an employer (garnishee) for the payment of a debt to a creditor (person who is owed the money).

What is necessary to garnish wages?
Before you can garnish wages, you must obtain a final judgment against the debtor in court. Generally you may obtain a judgment by winning a claim in Small Claims court.

For more information, see Wage Garnishment

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Replevins and detinues
How do I get property returned to me?
Replevins and detinues are legal actions that allow the plaintiff (the person seeking to recover the property) to seek the return of property.
Replevin
Seeks the return of property, along with possible damages.
Allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial.
Filed in the District Court, regardless of the amount in dispute.
May require the filing of :
1) a Complaint Form (DC/CV1),
2) a Proof of Service (DC/CV 2) and
3) a Show Cause Order form (DC/CV 4).
Detinue
Seeks the return of property or its value along with possible damages.
Requires a trial to determine rightful owner of property.
Filed in District Court for actions up to $5,000. If claim is between $5,000 and $30,000, claim may be filed in either District or circuit courts. Detinues for more than $30,000 must be filed in circuit court.
Requires the filing of only a Complaint Form.

For more information, see Replevins and Detinues.
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Peace and Protective Orders
What is a peace or protective order?
Peace and protective orders are civil orders issued by a judge to prevent one person from committing certain acts against others. These orders are often used in cases of domestic violence, child and spousal abuse, criminal stalking and harassment. An order requires proof that one of the following acts occurred:
- an act that caused serious bodily harm
- an act that placed the petitioner in fear of imminent bodily harm
- assault in any degree
- rape or sexual offense
- attempted rape or sexual offense
- false imprisonment
- criminal harassment
- criminal stalking
- criminal trespassing
- malicious destruction of property

The filing criteria for peace and protective orders differ. For information on which one to file and how to file, see Peace and Protective Orders.
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Mediation
What is mediation?
Mediation is a process in which a trained neutral person, a “mediator,” helps people in a dispute to communicate with one another, to understand each other, and if possible, to reach agreements that satisfy everyone’s needs.

How do I request mediation in District Court?
Your case may be referred to mediation by the courts. However, you may also request mediation prior to seeking a court resolution to the problem . Contact the District Court's Alternative Dispute Resolution Office (Phone: (410) 260-1676).

See: Mediation
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