CHEROKEE COUNTY COURT CLERK OFFICE
Small Claims
Small claims suits may be brought for amounts in controversy not exceeding $10,000. Forms to initiate a small claims action are available in the Court Clerk's office.
Filing Fees
| *Filing fees must be paid at the time of filing. |
Court Appearance Schedule
You should appear in court on your court date, whether or not the defendant has been served. The docket will be called at 9 a.m. on Wednesdays. When your name is called, please inform the judge that you are here and whether you are the plaintiff or the defendant.
| Type Of Claim | Filing Fee |
| Forcible Entry and Detainer (FED or eviction) less than $5,000. | $58 plus service |
| Forcible Entry and Detainer (FED or eviction) greater than $5,000. | $154.14 plus service |
| Indebtedness less than $5,000. | $58 plus service |
| Indebtedness greater than $5,000. | $219.14 plus service |
FAQ's
How do I file in Small Claims?
Examples and instructions for completing our Small Claims Forms:
Blank Small Claims Forms:
How do I file a Garnishment?
Court costs include:
Other costs include:
Private process server costs are comparable to Sheriff service, however, the clerk's office does not contract with private process servers. View samples and forms.
How do I file a claim for exemption from garnishment based upon hardship, when I have been garnished?
How long will it take to see the Judge?
Small claims affidavits are set within 60 days. Forcible entry and detainer actions (evictions) are heard no sooner than 5 days, no more than 10 days after filing.
What is a Paupers Affidavit?
A pauper's affidavit is a sworn statement stating a person does not have sufficient funds to pay court costs for the filing of a new civil case. A judge must enter an order determining poverty.
Where do I get a Process Server?
Process server lists are provided in the Court Clerk's office.