1. What Is the Small Claims Affidavit and Claim Form in Michigan?
The Affidavit and Claim Form is the official document used to initiate a small claims case in Michigan. It outlines the plaintiff’s claim, the amount being sought, and the reasons for the lawsuit. This form must be filed in the District Court where the defendant resides or the dispute occurred.
2. When to Use the Small Claims Affidavit and Claim Form
You should use the small claims affidavit and claim form when:
- You are owed money for unpaid debts or services.
- Someone caused property damage or breached a contract.
- You want to file a claim for up to $6,500, the maximum limit for small claims in Michigan.
3. How to Obtain the Small Claims Affidavit and Claim Form
- Online: Download the form (DC 84) from the Michigan Courts website.
- In Person: Visit your local District Court to obtain a paper copy.
4. How to Complete the Small Claims Affidavit and Claim Form
Step 1: Fill Out Your Information
- Provide your full name, address, and contact details.
Step 2: Add the Defendant’s Information
- Include the defendant’s full name, address, and contact details. Ensure accuracy for proper service.
Step 3: State the Claim Amount
- Specify the total amount you are seeking, including the principal and any allowable interest.
Step 4: Describe the Claim
- Provide a concise explanation of why you are suing the defendant. Include key details such as dates, agreements, and damages.
Step 5: Sign the Affidavit
- Sign the affidavit under oath, affirming that the information provided is accurate.
5. Filing the Small Claims Affidavit and Claim Form
Step 1: File the Form at the District Court
- Submit the completed form to the clerk of the District Court where the defendant resides or the dispute occurred.
- 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 2: Serve the Defendant
- Notify the defendant of the lawsuit by serving them with a copy of the claim form. Service methods include:
- Certified Mail: Arranged by the court for a small fee.
- Personal Service: Delivered by a sheriff or process server for an additional cost.
6. What Happens Next?
- Defendant’s Response: The defendant may respond to the claim or file a counterclaim.
- Court Hearing: Both parties appear before a judge to present their cases.
- Judgment: The judge issues a ruling, and if you win, the court will order the defendant to pay the specified amount.
7. Tips for Filing a Successful Small Claims Affidavit and Claim
- Accurate Information: Ensure all details about the defendant and claim are correct.
- Provide Evidence: Attach supporting documents such as contracts, receipts, or photos, if applicable.
- Be Professional: Use clear and concise language when describing your claim.
- File Promptly: Adhere to Michigan’s statute of limitations:
- 6 years for written contracts.
- 3 years for property damage or oral contracts.
Frequently Asked Questions (FAQs)
1. Can I file the affidavit and claim form online in Michigan?
No, small claims cases in Michigan must be filed in person at the appropriate District Court.
2. How much does it cost to file a small claims case in Michigan?
Filing fees range from $30 to $70, depending on the claim amount.
3. Can I amend my claim after filing?
Yes, you may file an amended affidavit and claim form, but additional fees may apply.
4. Do I need a lawyer for small claims court in Michigan?
No, small claims court is designed for self-representation, but you can consult a lawyer if desired.
5. What if the defendant doesn’t show up?
The court may issue a default judgment in your favor if the defendant fails to appear.
6. What happens if I win but the defendant doesn’t pay?
You may need to enforce the judgment through garnishments, liens, or other legal methods.
Conclusion
Filing a small claims affidavit and claim form in Michigan is the first step to resolving disputes involving amounts up to $6,500. By carefully completing the form, filing it correctly, and preparing your case, you can navigate the process with confidence. For additional guidance, visit the Michigan Courts website or contact your local District Court.