What Is a Small Claims Court in Michigan?
A small claims court in Michigan hears civil matters where the amount in controversy does not exceed $5,500. The small claims court is a section of the state's district court. Residents can bring lawsuits to the court only if the claim is monetary. The court has jurisdiction over the following civil cases:
- Disputes between a landlord and tenant over a security deposit
- Disagreements arising from a contract
- Suits filed when car insurance fails to cover car accident damages
- Trespass on a property for recreational purposes
- Violation of a consumer protection policy
- Dishonored checks
How Does the Michigan Small Claims Court Work?
The Michigan small claims court provides a simple forum for residents who want to file claims that do not exceed $5,500. Individuals and organizations can sue and be sued in court.
The court's process is designed to allow involved parties a fast, low-cost, and fair way to resolve their cases. As such, attorneys and jury trials are not allowed. A judge or an attorney-magistrate is responsible for presiding over small claims cases.
After a plaintiff files a lawsuit and serves the defendant, the court will fix a hearing for both parties to present their case. It is compulsory to attend this hearing, as any party that does not attend will have the case decided in favor of the opposing side or dismissed. However, before the hearing, the judge or magistrate may recommend mediation to allow the litigants a chance to reach a mutual agreement with a mediator's assistance. If no agreement occurs, the hearing commences.
The judge or magistrate will enter a decision once the hearing ends or after some days. If a judge presides over the case, no side can appeal the decision. However, an aggrieved side can appeal a magistrate's decision after seven days.
How to Take Someone to Small Claims Court in Michigan
To take someone to a small claims court in Michigan, interested individuals can download and complete the Small Claims Affidavit and Claim form. This form can also be procured from the court clerk's office. The clerk can advise plaintiffs on how to fill the form but cannot give legal advice.
Upon filling the form, plaintiffs must file it with the clerk. The clerk may need other documents, so it is advisable to call the office and inquire about the requirements beforehand. These claims must be filed in the county where the civil matter arose or where the defendant works/lives.
Claimants will need to pay a filing fee alongside their claim. The fee schedule depends on the amount of the claim. For claims up to $600, the plaintiff pays a $30 filing fee. Claimants will pay a maximum filing fee of $70 for claims higher than $1,750.
Upon filing the claim, the clerk will provide a case number and assign a judge or magistrate to the case. The court can also serve the defendant with the claim and notice of hearing (containing the trial details) if the plaintiff pays for service. Plaintiffs can also serve the defendant(s) through certified mail. However, a plaintiff must not serve the defendant directly.
How Much Can You Sue For in Michigan Small Claims Court?
In Michigan, claims brought before the small claims court cannot be higher than $5,500. If a plaintiff wishes to sue for more money, the lawsuit must be filed at the appropriate district court. Defendants who file a counterclaim in an amount higher than the small claims court's limit will also have their case transferred to the district court.
How to Defend Yourself in Michigan Small Claims Court
Persons involved in a Michigan small claims court case can defend themselves by preparing for the hearing. It is helpful to gather evidence and facts of the event to show in court. Evidence may include sales receipts, contracts, accident reports, or other relevant documents.
Individuals can also get testimonies from witnesses. A witness can appear in court or provide a letter/affidavit. However, it is best if a witness gives their testimony in person.
Although lawyers cannot represent individuals in a Michigan small claims case, individuals can seek legal advice. However, defendants can file a Demand and Order for Removal form to transfer the case to a district court where lawyers can represent them.
Both parties can also decide to settle out of court themselves or through a mediator.
How Long Do You Have to Take Someone to Small Claims Court in Michigan?
The statute of limitations for a civil case in Michigan determines the time a plaintiff has to take someone to the small claims court. Typically, this statute of limitations is six years.
If the dispute arises from a credit account, the aggrieved party must file a lawsuit within six years of the last activity on the account. This includes when last they used the account, paid money in it, or acknowledged a debt.
Issues arising from the sale of goods or installment sales contract must be brought to the small claims court within four years.
What Happens If You Don't Show Up for Small Claims Court in Michigan?
The Michigan small claims courts expect plaintiffs and defendants to show up whenever there is a scheduled court hearing. Not showing up for a small claims court case in Michigan will put the opposing party at an advantage.
Failure on the plaintiff's part to show up may result in the dismissal of the claim or a default judgment entered in favor of the defendant. If the defendant refuses to show up, the judge or magistrate can decide to listen to the plaintiff's argument and pass a judgment based on it.
Any party that wishes for the court to reschedule their case should request at the clerk's office before the hearing.
What are Small Claims Court Records in Michigan?
Small claims court records in Michigan refer to the information and documents created during small claims proceedings that the court collates and maintains. Usually, such records are available for inspection except when redacted or restricted from public access.
The clerk serves as the custodian of small claims records and is responsible for their maintenance and distribution. Information found in these records includes the affidavit, case type, court judgment and orders, presented evidence, and the details of the case parties.
Where Can I Find Michigan Small Claims Court Records?
Individuals can find Michigan small claims court records at the clerk's office in the courthouse where the case was filed and heard. Requesters can visit the courthouse where the case filing occurred and submit a written request to the clerk. The clerk may require a fee to facilitate the copying of a record.
Alternatively, requesters can also browse the Court Directory to find courts that offer online access to Michigan court records. Some courthouses may also have public access computers to aid public inspection.
