Effective June 8, 2021, the 63rd District Court has adopted the following guidelines for court users and visitors: If you file an application in Small Claims Court, you waive or waive the following rights: To bring an action in Small Claims Court, you must file an affidavit and a claim in Small Claims Court. Use our do-it-yourself prosecution tool to get these forms. This prepares the forms you need to submit. You can also get the forms by going to the district court and telling the clerk that you want to file a small claims case. If you can`t afford the filing fee, you can ask the court to waive your fees. You can use our do-it-yourself fee waiver tool for this. Your application will not begin until your application has been approved or you have paid the filing fee. The Small Claims Court is a division of the District Court. It deals with certain simple cases and can only award up to $6,500 in damages. There are no lawyers or jury trials in small claims cases. Plaintiffs and defendants must represent themselves at hearings before judges or judges.
If the judge rules in your favour, it means that the defendant must pay you the amount ordered by the judge plus a small amount of court costs. If the defendant refuses to comply with the court order, you have several options. Withdrawing the case means there is no $6,500 limit to the damages that can be awarded, and you and your opponent can have lawyers. It also means that the case will take much longer, as the formal rules of evidence and discovery must be followed. If you require special accommodations to use the space due to a disability, please contact the court immediately to make arrangements. The court will send each defendant a copy of your claim. This is called service of the affidavit and claim on the defendant. You will have to pay the cost of the service. Inform the clerk that you wish to receive it by personal service or by registered mail, acknowledgment of receipt requested. The cost of the service can be as low as $15 for registered mail or up to $26 plus mileage for personal service. This article explains the small claims process, from filing a case in Small Claims Court to possible outcomes. In this toolkit, you`ll learn what you need to know if you can start or defend a small claims cause.
Small claims are for civil litigation with a value of $6,500 or less and only self-represented individuals. General information about minor claims can be found in the articles. Read the most common questions if you have a specific question. If you want to file a small claims application, use the Forms link to prepare your forms. The following checklist provides step-by-step instructions for filing a small claims case. Check with the courts and agencies for information about the court that will handle your case. You can`t file your case in Small Claims Court if you want to sue someone for: In response to the current state of emergency, 63. The District Court has significantly changed the court plan and the online schedule is not available. Be prepared to spend most of the morning or afternoon in court.
Bring your witnesses and evidence. Remember to speak clearly, answer the judge`s or magistrate`s questions, and do not interrupt the judge, judge, or other party. Consider your chances of winning your case. Determine if alternative options such as settlement or mediation might work. If you lose your case, you will not get back the registration fee or service fee. Email is the fastest way to work with the court. For those who do not have access to email, call (616) 632-7770. You can sue in Small Claims Court up to $6,500.00. If your claim is greater than $6,500.00 and you still choose to file small claims court, you waive your right to recover more than that amount. An uncashed check (a check that someone wrote to you and the bank did not pay) For more information on small claims, visit the state court website.
If you win your case, you may be able to recover your filing fees as part of the costs that the court awards you. The defendant may offer to settle the case before you go to court. If you and the defendant reach an agreement, put it in writing and both sign it, you can ask the judge to register it as a judgment in the case. Use the Small Claims Judgment form. Contact the court in DCCustomer@kentcountymi.gov to review your hearing time and get more information about your case. The Small Claims Court was established in 1968 as a division of the District Court system. Its purpose is to provide a tribunal that can be used by people without the help of lawyers to settle monetary disputes of $6,500 or less or to achieve some kind of fair settlement. The judge or magistrate may inform the parties of the decision at the end of the hearing. The judge or magistrate may also wait to rule. When the judge or magistrate decides, the court ensures that each party receives a copy of the order.
Attend the hearing and prepare to present your case to the judge or magistrate. Bring all your evidence to court. The hearing shall take place at the time and place specified in the notice. You can file your case where the dispute took place or where the defendant lives or works. This means that individuals or businesses outside the state can file a minor complaint in Michigan. For example, if you`re a landscaping company suing a client over an unpaid invoice, you can file your case in the county where the dispute arose – in this case where you did the landscaping – or in the county where your client lives or works. If you do nothing, the case will not simply disappear. If you don`t go to court for a hearing, the plaintiff will likely receive a default judgment against you. The plaintiff can then take steps to recover the amount of the judgment, such as seizing or seizing your property. If you reach an agreement, you can also dismiss the case without your consent being registered as a judgment.
To do this, you can fill out a form called cancellation. Call the clerk`s office of the court where you filed your case to find out how the court would like the form filed. When filling out the form, leave the signature line blank. You will have to wait and sign the form in front of a notary or clerk. All court users and visitors are required to wear face coverings and practice social distancing inside the courthouse. Face coverings are not required if they cannot be medically tolerated, but social distancing is implemented in such situations to increase safety. Keep in mind that people who represent themselves in court must follow the same rules as lawyers. Be there on time. Dress appropriately. Arrive 10 or 15 minutes before the scheduled hearing. It is important to arrive on time.
Let the court know you are there by telling the clerk or the official sitting on the bench, but do not interrupt ongoing proceedings. If both the plaintiff and the defendant appear in court on the trial date, one of three things can happen: You can refer your small claims case to the regular district court, where you can have a lawyer. The defendant may do the same. Lawyers must wear a face covering, unless the presiding bailiff determines that the lawyer is inaudible, and temporary removal of the face covering is necessary to facilitate the creation of an accurate record. The presiding bailiff may allow the lawyer to temporarily remove face coverings while speaking if social distancing of 6 feet is maintained and court participants wear face coverings. a breach of consumer protection (you have been harmed by a person`s deceptive marketing practices); or If you win the case, the defendant must follow the judge`s decision. It is important to remember that a Small Claims Court judge`s decision is final. It is not possible to appeal to a higher court. However, if the case is heard by a judge, the plaintiff or defendant may, within seven days of the date of judgment, request that the case be heard again by a judge if the judge`s decision is unfavourable.
At the discretion of the presiding bailiff, face coverings may be removed by counsel when speaking, by jurors when asking questions, or for witnesses during testimony, if social distancing of 6 feet is maintained and if court participants wear face coverings at all times. Hearing aids are not necessary – headsets are available free of charge in court. An intrusion (someone entered your country while engaged in a recreational activity) What can I bring to Small Claims Court? You can only sue in Small Claims Court for damages up to $6,500.00. You may have a valid claim over $6,500.00, but a Small Claims Court judgment cannot exceed $6,500.00. You may want to consider mediation to reach an agreement. Mediation is a process in which two or more people involved in a dispute meet confidentially to find a solution to their problem with the help of a trained neutral mediator. You can contact the court clerk or visit the Community Services section of this website to find mediators in your area.