1. What Is Small Claims Court in Michigan?
Small claims court in Michigan is a division of the District Court that handles civil disputes involving amounts up to $6,500. The process is designed to be quick, simple, and affordable, allowing individuals or businesses to represent themselves without hiring an attorney.
2. When to File a Claim in Michigan Small Claims Court
You can file a small claims case for:
- Unpaid debts or loans.
- Property damage: Vehicle accidents, repairs, or negligence.
- Breach of contract: Unfulfilled agreements or incomplete services.
- Security deposit disputes.
Before filing, you should attempt to resolve the issue informally or through mediation.
3. Monetary Limits for Small Claims Court in Michigan
The maximum amount you can claim is $6,500. If your claim exceeds this limit, you may waive the excess amount or file your case in the Civil Division of the District Court.
4. Steps to File a Claim in Michigan Small Claims Court
Step 1: Identify the Correct Court
File your claim in the District Court that serves:
- The county where the defendant resides or conducts business.
- The county where the dispute occurred.
Step 2: Obtain the Small Claims Affidavit and Claim Form
- Visit the court clerk’s office or download the Affidavit and Claim Form (DC 84) from the Michigan Courts website.
Step 3: Complete the Form
- Provide the following information:
- Plaintiff’s Information: Your name, address, and contact details.
- Defendant’s Information: The full name and address of the person or business you’re suing.
- Claim Details: The amount of money you are seeking and a brief explanation of the dispute.
Step 4: File the Claim
- Submit the completed form to the District Court clerk’s office.
- Pay the filing fee based on the claim amount:
| Claim Amount | Filing Fee |
|---|---|
| Up to $600 | $30 |
| $601–$1,750 | $50 |
| $1,751–$6,500 | $70 |
Step 5: Serve the Defendant
- The court will arrange service of the claim to the defendant. Common methods include:
- Certified Mail: Sent by the court clerk.
- Sheriff’s Service: Delivered in person for an additional fee.
Step 6: Prepare for the Hearing
- Gather evidence, such as:
- Contracts, receipts, or invoices.
- Photos or videos of damages.
- Witness statements or communication records.
Step 7: Attend the Hearing
- Appear on the scheduled court date to present your case before a judge.
- Be concise, professional, and prepared to answer questions.
5. Costs of Filing a Small Claim in Michigan
| Service | Typical Fee |
|---|---|
| Filing Fee | $30–$70 |
| Certified Mail Service | $10–$20 |
| Sheriff’s Service | $25–$50 |
Note: If you win, the court may order the defendant to reimburse your filing and service fees.
6. What Happens After Filing?
- Defendant’s Response: The defendant may pay the claim, dispute it, or fail to respond (resulting in a default judgment).
- Hearing: Both parties present their cases, and the judge issues a ruling.
- Enforcing the Judgment: If the defendant doesn’t pay, you may take additional steps like garnishing wages or placing liens on property.
7. Tips for Success in Michigan Small Claims Court
- Be Organized: Present clear evidence, including receipts, contracts, and photos.
- Know the Rules: Familiarize yourself with Michigan’s small claims procedures.
- Stay Professional: Be respectful and concise in your arguments.
- Understand Deadlines: File within the statute of limitations:
- 6 years for written contracts.
- 3 years for property damage or oral agreements.
Frequently Asked Questions (FAQs)
1. Can I file a small claim online in Michigan?
No, small claims cases in Michigan must be filed in person at the District Court clerk’s office.
2. Do I need a lawyer for small claims court in Michigan?
No, small claims court is designed for self-representation. However, you can consult a lawyer for advice.
3. What if the defendant doesn’t show up?
The court may issue a default judgment in your favor.
4. Can I appeal a small claims decision in Michigan?
No, plaintiffs cannot appeal, but defendants can appeal within 21 days of the judgment.
5. How long does the small claims process take?
Most cases are resolved within 1–3 months, depending on court schedules.
6. What if my claim exceeds $6,500?
You can waive the excess amount or file your case in the Civil Division of the District Court.
Conclusion
Filing a small claim in Michigan is a straightforward process designed to resolve disputes efficiently. By following the outlined steps, preparing your evidence, and adhering to court rules, you can navigate the process with confidence and achieve a fair resolution. For more details, visit the Michigan Courts website or contact your local District Court.