1. What Is an Affidavit and Claim in Michigan Small Claims Court?
The Affidavit and Claim is the document required to initiate a case in Michigan Small Claims Court. It includes details about the plaintiff (you), the defendant, the nature of the dispute, and the amount being claimed. Filing this document officially starts the legal process.
2. Monetary Limits in Michigan Small Claims Court
The maximum amount you can claim in Michigan Small Claims Court is $6,500, excluding court fees and interest. For claims exceeding this amount, you must file in a higher court, such as the District Court.
3. Types of Claims Handled in Michigan Small Claims Court
- Unpaid debts or loans.
- Property damage disputes (e.g., car accidents).
- Breach of contract issues.
- Disputes over goods or services.
- Landlord-tenant disagreements (e.g., unreturned security deposits).
4. Who Can File an Affidavit and Claim?
- Individuals: Must be 18 years or older. Minors can file through a guardian.
- Businesses: Can file claims for unpaid debts or other monetary disputes.
- Non-Residents: You can file if the defendant lives, works, or has business ties in Michigan.
5. Steps to File an Affidavit and Claim in Michigan
Step 1: Attempt to Resolve the Dispute Amicably
- Contact the Defendant: Discuss the issue and seek a resolution.
- Send a Demand Letter: Clearly explain the dispute, the amount owed, and a deadline for resolution (typically 7–14 days).
Step 2: Obtain the Affidavit and Claim Form
- Visit your local courthouse or download the Affidavit and Claim Form (DC 84) from the Michigan Courts website.
Step 3: Complete the Form
The form requires:
- Plaintiff Information: Your name, address, and contact details.
- Defendant Information: Full name, address, and any business details.
- Claim Details:
- A concise description of the dispute.
- The amount being claimed, including court fees and interest (if applicable).
Example Description:
“The defendant owes $3,000 for unpaid invoices for services provided on January 15, 2023, and February 20, 2023. Attached are copies of the invoices and payment requests.”
Step 4: File the Affidavit and Claim
- Submit the completed form to the District Court in the jurisdiction where the defendant resides, works, or where the dispute occurred.
- Pay the Filing Fee:
| Claim Amount | Filing Fee |
|---|---|
| Up to $600 | $30 |
| $600.01–$1,750 | $50 |
| $1,750.01–$6,500 | $70 |
Check with your local court for any additional fees.
Step 5: Notify the Defendant
After filing, the defendant must be served with a copy of the Affidavit and Claim. Approved methods include:
- Certified Mail: Managed by the Clerk of Court.
- Personal Service: Delivered by a sheriff or professional process server.
6. Preparing for the Hearing
Gather Evidence
- Contracts, invoices, receipts, emails, and other supporting documents.
- Photographs or videos (if applicable).
Arrange Witnesses
- Ensure witnesses who can support your case are available to testify.
Practice Your Argument
- Rehearse a concise explanation of your claim, focusing on facts and evidence.
7. What Happens at the Hearing?
- Both Parties Present Their Case: The plaintiff and defendant explain their sides to the judge.
- Evidence is Submitted: Bring all relevant documents and witnesses.
- Judge’s Decision: The judge may issue a decision immediately or provide it in writing later.
8. What Happens After the Hearing?
If You Win:
- The court will issue a judgment requiring the defendant to pay.
- If the defendant doesn’t pay, you can enforce the judgment through:
- Wage garnishment.
- Bank account levies.
- Property liens.
If You Lose:
- You may appeal the decision within 21 days, but only in specific circumstances, such as legal errors.
9. Frequently Asked Questions
Q1: Can I file an Affidavit and Claim online?
Some Michigan courts offer e-filing for small claims. Check with your local courthouse for availability.
Q2: Do I need a lawyer for Small Claims Court?
No, Small Claims Court is designed for self-representation. However, you may consult a lawyer for advice.
Q3: What if the defendant doesn’t show up?
You can request a default judgment if the defendant fails to respond or attend the hearing.
Q4: Can I claim court fees and interest?
Yes, you can include court filing fees and applicable interest in your claim amount.
Q5: How long does the process take?
Most small claims cases in Michigan are resolved within 1–3 months, depending on court schedules.
10. Tips for Success in Michigan Small Claims Court
- Be Accurate: Double-check all information on your Affidavit and Claim form.
- File Promptly: Ensure your claim is within the statute of limitations for your case type (usually 6 years).
- Organize Evidence: Keep all supporting documents neatly organized and labeled.
- Stay Professional: Address the judge and the defendant respectfully.
- Consider Mediation: Many Michigan courts offer mediation services to resolve disputes without a trial.
11. Conclusion
Filing an Affidavit and Claim in Michigan Small Claims Court is a straightforward process that allows individuals and businesses to resolve disputes efficiently. By following the steps outlined above and preparing thoroughly, you can confidently navigate the system and work toward a fair resolution.