Departments

Probation

Probation is a sentence which may be imposed by the judge, often in conjunction with incarceration and fines.  It is a sentencing option for misdemeanors and many felonies, but not all offenses qualify for probation.  When probation is imposed, the probationer is placed under the supervision of a probation officer and the probationer must fulfill the conditions of probation.  The fee charged for reporting probation is $100.00.  The non-reporting probation fee is $85.00. 

Probationers must sign the Conditions of Probation form at their initial interview with a probation officer and follow the terms listed.

CONDITIONS OF PROBATION

• 1. Obey all laws. Probationer is required to notify Probation Department within 24 hours of any arrest by any jurisdiction.

• 2. Notify the Probation Department of any change in address, telephone number, employment and marital status within one week.

• 3. Work regularly or attempt to find employment when unemployed.

• 4. Obtain permission from your Probation Officer before leaving the state for more than ten (10) days.

• 5. REPORT PROMPTLY. Contact the Probation Department in advance if you cannot report as scheduled. Office hours are: Monday through Friday 8:00 AM- 4:00 PM.

• 6. No Probationer is allowed to purchase or have in his/her possession firearms or knives of any description.

• 7. Abstain from the use of intoxicating beverages or narcotics.

• 8. All fines, court costs, and restitution are to be paid as directed by the Court or Probation Department.

• 9. Probationer agrees that at any time during his/her probation period, the Probation Officer can search his/her person, vehicle or place of residence without obtaining a search warrant (State of Oregon v. Culbertson).

The Probation department operates on the same schedule as the court and clerk of courts office: Monday- Friday 8:00 AM- 4:00 PM.

NOTICE: FAILURE TO ATTEND ANY PROGRAM TO WHICH YOU HAVE BEEN ASSIGNED COULD RESULT IN THE IMMEDIATE ISSUANCE OF A WARRANT FOR YOU ARREST.

To contact the probation department please call:

Greg...947-847-6676

Jim...937-866-0493

Clerk of Courts

Cynthia A. Coffey serves as the Clerk of the Miamisburg Municipal Court.  She received her appointment as Clerk of Court in December of 1998, after having served the court for nearly ten years as Judge Robert E. Messham's secretary, deputy bailiff, and court reporter.  Prior to her appointment with the municipal court in 1989, she was a legal secretary at the law firm of Baver, Messham & Bookwalter Co., L.P.A.    She is a member of the Ohio Association of Court Administrators, the Ohio Municipal Court Clerks' Association, and the National Association of Court Management.  She is also a member and president of the Southwestern Ohio Court Clerks' Association. 

Mrs. Coffey and her staff are responsible for maintaining court records, collecting all fines and fees, administering penalties assessed by the court, and distributing funds to the appropriate state and local agencies according to the provisions of the Ohio Revised Code.  She and her staff provide court-related services to citizens, arresting agencies, prosecutors, and attorneys.  The clerk's office processes approximately 15,000 new cases each year, and the court staff is specifically trained to provide quick and efficient service to all court users.

Magistrate

John F. Kolberg serves as the Magistrate of the Miamisburg Municipal Court.  He received the appointment of magistrate from Judge Robert E. Messham, Jr.  in 1993 to preside over the civil docket and the minor misdemeanor traffic docket of the Miamisburg court.  Kolberg also often serves as the acting judge of the Miamisburg Municipal Court in the absence of Judge Messham.

Magistrate Kolberg earned his law degree at the University of Dayton's School of Law in 1982.  His part-time position with the Miamisburg Municipal Court allows him to continue with his private practice, a practice that spans a period of over 25 years.

Magistrate Kolberg has been an adjunct professor for the University of Dayton since 1984.  From 2001 to 2005, he was an instructor for the Ohio Judicial College.  He is a past magistrate of the Montgomery County Satellite Juvenile Court system.  He has also been a speaker at many guardian ad litem training seminars conducted by the Montgomery County Juvenile Court.   In 2007 Magistrate Kolberg received the "Attorney of the Year" award from the Montgomery County Juvenile Court. 

Magistrate Kolberg is a hardworking community leader.  His community involvement has included serving as a member and president of the Board of Directors of the Miamisburg Youth Center.  He participates annually in the West Carrollton Relay for Life - Walk Against Cancer with his family and friends which helps to increase cancer awareness and raise funds for cancer research.  Kolberg is a resident of Miami Township and has served that community as a member of the Miami Township Zoning Commission.

Kolberg is a member of the Dayton Bar Association and the Ohio State Bar Association.  He serves on the Dayton Bar Association's Certified Grievance Committee and is also an active participant in the Dayton Bar Association's Volunteer Lawyers Project.

Bailiff

Civil/Small Claims

Miamisburg Municipal Court's Civil Division processes personal injury or property damage cases, contract dispute classes, forcible entry cases and cases for monies owed.  The court's monetary limit for a civil law suit is $15,000.00.  Any civil lawsuit exceeding the $15,000.00 limit must be filed in the Montgomery County Common Pleas Court.

The Small Claims Division is designed for claims up to $3,000.00.

The Civil and Small Claims dockets are heard by the court's magistrate on Tuesday of every week.  Personnel in the Civil and Small Claims division input all filings into the court's database, schedule the necessary hearings and trials, issue summons , and receipt all court costs and fees.

To download forms for a civil or small claims case, visit Forms.  To read a description of the content of each form, click on the appropriate department.

For questions regarding civil or small claims procedures, visit Miamisburg Municipal Court  Rules of Court or click on the  Small Claims Guide . Also available is the Ohio State Bar Foundation's publication Keys to the Courtroom.

CIVIL DIVISION

Alias or Subsequent Summons ...............................................................................$ 15.00

($5.00 for each additional Defendant)

Amended Pleading/Complaint .................................................................................$ 25.00

($5.00 for each additional Defendant)

Bank Attachment .....................................................................................................$ 45.00

($1.00 check payable to Bank)

Certificate of Judgment.............................................................................................$ 10.00

Complaint Filing (including FE&Ds) ........................................................................$ 100.00

($15.00 for each additional Defendant)

Counterclaim...........................................................................................................$ 100.00

Cross-Complaint......................................................................................................$ 100.00

Execution Levied on Automobile or Padlock of Business ........................................$ 300.00

Exemplified Copy of Judgment ..................................................................................$ 10.00

Garnishment ...........................................................................................................$ 135.00

Implied Consent/12 Point Suspension to BMV/ALS Appeal......................................$ 100.00

Jury Demand ...........................................................................................................$ 800.00

Motion to Modify, Revive or Vacate Judgment............................................................$ 30.00

Order in Aid (Debtor's Exam) ....................................................................................$ 35.00

Peace Bond.............................................................................................................$ 100.00

Personal Service of Residential Service ...................................................................$ 25.00

Praecipe for Writ..........................................................................................................$ 60.00

Replevin Complaint .................................................................................................$ 100.00

Third Party Complaint ..............................................................................................$ 100.00

Transfer from Small Claims.......................................................................................$ 100.00

($15.00 for each additional Defendant)

Trusteeship...............................................................................................................$ 100.00

Subpoena Cost...........................................................................................................$ 10.00

Witness and Juror Fee................................................................................................$ 12.00

Half Day.........................................................................................................................$ 6.00

Mileage on full or half days per mile..............................................................................$ 0.10

Xerox Copies (per page) ..............................................................................................$ 0.25

Certified Copies ............................................................................................................$ 1.00

SMALL CLAIMS

Small Claims Filing ......................................................................................................$ 50.00

($10.00 for each additional Defendant)

Transfer Case to Regular Civil Docket ......................................................................$ 100.00

($15.00 for each additional Defendant)

Judgment Debtor's Questionnaire...............................................................................$ 20.00

Order in Aid (Debtor's Exam) ......................................................................................$ 35.00

Garnishment ..............................................................................................................$ 135.00

Small Claims Counter Claim........................................................................................$ 50.00

Certified Copies ............................................................................................................$ 1.00

To contact personnel in the Civil or Small claims department:

Civil: Michelle ............... 866.2203 ext. 6482

Small Claims: Lisa ........ 866.2203 ext. 6483

Traffic/Criminal

Miamisburg Municipal Court's Traffic/Criminal Division processes all misdemeanor traffic citations and misdemeanor criminal complaints issued in the court's jurisdiction.  Traffic and criminal charges that are classified as minor misdemeanors or misdemeanor 1, 2, 3 or 4 remain in the Miamisburg Municipal Court through sentencing. The court also receives felony filings and holds preliminary hearings on felony charges to determine probable cause before transferring the case to the Montgomery County Common Pleas Court.  Below is a chart explaining the confinement and fines for misdemeanors.

Classification             Confinement               Individual Fine

M1                               up to 6 months            up to $1,000.00

M2                               up to 90 days              up to $750.00

M3                               up to 60 days              up to $500.00

M4                               up to 30 days              up to $250.00

MM                              None                           up to $150.00

Personnel in the traffic/criminal division input all citations and complaints into the court's database, schedule the necessary court appearances, record all sentencing and fine information, and oversee the fine payment process.

Many traffic citations may be paid by mail, phone, or online in lieu of appearing in court.  See below for the Fines & Costs Schedule for payable violations if the officer has not indicated on your citation that an appearance is required.

No court appearance required

If you have NOT had two prior moving violations within the last twelve (12) months, the following traffic offenses DO NOT require a court appearance and can be paid via mail, phone, online, or in person at the Clerk of Courts office:

Fines & Cost Schedule:

Court appearance required

Traffic offenses which are NOT waiverable and therefore DO require a court appearance are as follows:

For help regarding Traffic, DWI, and Parking, please contact:

937-866-2203, Option #2

General Information: (937) 847-6491

Check or Money Order Payments can be mailed to:

Miamisburg Court

10 N. First Street

Miamisburg, OH 45342

To learn more about case management procedure in criminal cases, please visit our Rules of Court.

Criminal Court Costs

Effective 9/22/08

Court Costs on Criminal Charges ..............................................................................$ 105.00

Court Costs on Traffic Charges .................................................................................$ 105.00