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What types of cases are filed in the Civil Clerk's Office and what are the filing fees?

"Civil law suits where the monetary amount exceeds $10,000 and cases where parties are requesting equitable relief (e.g., temporary restraining order or injunctive relief) are filed in the Civil Clerk's Office, Room 5000, in the Moultrie Courthouse.

The filing fee for a new complaint is $120.
Temporary Restraining Order: $160
Petition to Change Name: $60
Petition to Amend Birth Certificate: $60
Merit Personnel Action: $60

All filing fees must be paid by cash, certified check, credit card (America Express, Discover, Visa, or MasterCard) or money order, made payable to: Clerk, D.C. Superior Court." (Only members of the D.C. Bar may pay filing fees by personal check. Bar members should include their bar number on the personal check). These fees are subject to change.

What may the landlord do if the tenant fails to make his or her rental payments according to a settlement agreement?

If the tenant fails to make a payment according to a payment schedule in a settlement agreement, the landlord can file a motion in the Landlord and Tenant's Clerk's office asking that the court enter a judgment so that the landlord can evict the tenant. The cost for the motion is $10.

What will happen if the landlord does not agree on the dates when I can pay the rent, when repairs will be made, or other items?

If you cannot reach an agreement with your landlord, you can ask a court-trained mediator to help you work out an agreement. You also have the right to take your case in front of the judge. The judge cannot force the landlord to accept payment dates or other terms that the landlord does not agree to. But, if you have defenses to the landlord's claims, you can ask the court for a trial. However, if you do not have any defenses, the judge may enter a judgment against you. If you are not sure whether you have defenses, you should talk to an attorney in the Landlord and Tenant Resource Center, Law Students in Court, or another attorney to make sure that you are making the best decision for your case. If you need more time to talk to a lawyer, you can ask the judge for a continuance.

When can I sue in Landlord and Tenant Court?

A landlord or other person can sue in Landlord and Tenant whenever a person or company is in possession of property but does not have a legal right to be there. Tenants may lose their right to possession by failing to pay rent, violating the lease, violating the housing code, running a "drug-haven," or for certain other reasons recognized by the law. Cases can also be filed to evict trespassers, squatters, and others who do not have a legal right to possess the property.

Who can sue in Landlord and Tenant Court?

Only landlords or others who want to evict a tenant or another occupant from their property can sue in Landlord and Tenant Court. A person or company seeking to evict a tenant or other occupant can file a Complaint for Possession in the Landlord and Tenant Clerk's Office. If a landlord only wants to sue for rent or other damages (but not possession of the property), the landlord must bring suit in Small Claims or the Civil Actions Branch. Tenants who wish to sue their landlords must bring suit in Small Claims or the Civil Actions Branch. Tenants with certain kinds of claims against their landlords can also file petitions and request a hearing in the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs (202-442-4610).

Will my court costs and interest be included in my judgment?

The judge decides if one party must pay the costs of the lawsuit for the other party. Your judgment can include fees paid to the Marshal and the Court. Your judgment will not include fees paid to the special process server to serve the defendant. See SCR-SC 15(a). Certain judgments include payment of interest on the amount owed. See DC Code § 15-109. The judgment interest rate is the legal or statutory rate of interest, unless the claim is based on a contract that states another rate. The legal or statutory interest rate is available in the Small Claims Clerk’s Office (Court Building B, Room 120) and on the internet at http://www.dccourts.gov/dccourts/superior/civil/index.jsp. Judgments against the District of Columbia or its employees or officers can not include an interest rate of more than 4% per year. If the action is based on a contract, the judgment interest rate is the rate stated in the contract, from the date it was due and payable, until paid. See DC Code §§ 28-3302 and 15-108.