What is the Process in Michigan's Small Claims Court?
Michigan small claims courts are intended to be used for monetary disputes where the amount in controversy does not exceed $3,000. The courts are user-friendly and provide most of the forms needed to file a lawsuit.
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Filing the Claim
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A small claims court claim must be filed in the county where the defendant lives, conducts business or where the dispute took place. The plaintiff must prepare an affidavit and claim which can be found on the Michigan Court's website or at the courthouse. The claim is then filed with the court.
Litigating the Claim
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Once the claim has been filed, the filing fee paid and the defendant served with the claim, the court will set a trial date. The plaintiff must appear. If the defendant fails to appear a default judgment will be entered against him. If the defendant appears the judge will conduct a trial. If the judge rules for the plaintiff, a money judgment will be entered against the defendant.
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Collecting the Judgment
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If the judge enters a judgment against the defendant, the defendant may pay the judgment immediately or ask for a payment schedule. If the defendant fails to pay the judgment, the plaintiff may return to court and ask that the defendant's wages or bank account be garnished.
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