The DC 84 form, titled “Affidavit and Claim, Small Claims,” is essential for initiating a small claims lawsuit in Michigan. This form allows individuals to seek monetary judgments up to $7,000 for disputes such as unpaid debts, property damage, or contract breaches. citeturn0search0
Key Sections of the DC 84 Form:
- **Plaintiff and Defendant Information:**
- Plaintiff: Enter your full name, address, and contact details.
- Defendant: Provide the full name, address, and contact information of the individual or entity you are suing.
- **Claim Details:**
- Claim Amount: Specify the exact monetary amount you are seeking, not exceeding $7,000.
- Date of Claim: Indicate when the incident or transaction leading to the claim occurred.
- Reason for Claim: Clearly describe the basis of your claim, including pertinent dates and facts.
- **Acknowledgment of Rights:**
- By filing in small claims court, you acknowledge waiving certain rights, including:
- The ability to recover more than $7,000.
- The right to an attorney during proceedings.
- The option for a jury trial.
- The right to appeal the court’s decision.
- By filing in small claims court, you acknowledge waiving certain rights, including:
- **Defendant’s Competency and Military Status:**
- Indicate whether the defendant is mentally competent and at least 18 years old.
- State whether the defendant is currently serving in the military, as protections under the Servicemembers Civil Relief Act may apply.
Filing the Form:
- Notarization: Sign the affidavit under oath in the presence of a notary public or a court clerk.
- Submission: File the completed form with the appropriate district court. Filing fees vary based on the claim amount. Contact the court clerk for specific fee information.
- Service: Ensure the defendant is properly served with a copy of the affidavit and claim, along with a notice of the hearing date. Service can be completed via certified mail or through a process server.
Additional Resources:
- Instructions for Completing the DC 84 Form: Detailed guidelines are available to assist in accurately filling out the form. citeturn0search2
- Small Claims Handbook: The Michigan Courts provide a comprehensive handbook outlining procedures and expectations for small claims cases.
Conclusion:
Properly completing the DC 84 Affidavit and Claim form is a critical step in pursuing a small claims case in Michigan. By providing accurate and thorough information, you enhance the likelihood of a favorable outcome in resolving your dispute.
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