How to Sue in Small Claims Court in Michigan
The division of small claims in the Michigan district court system prefers that both the claimant and defendant attempt to work out their issues in mediation. Mediation is a low-cost, and sometimes free, alternative to a lawsuit. Both parties will attempt to resolve the issue under the direction of a trained, neutral third party. If you decide to sue, you may sue for up to $3,000 in small claims court. Michigan has one of the only small claims systems that aids a claimant or defendant in obtaining post-judgment collections by requiring that financial information be disclosed by the losing party as part of the judgment order.
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Instructions
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Go to the small claims division of the district court in the county where either the transaction or dispute took place, or where the person or business you are suing is physically located. Locate the clerk's office in the small claims division and inform it of your intent to file a small claims suit. The clerk will give you an affidavit and claim (Form DC 84). You may also download the form from the Michigan state website (see Resources). If sending the completed form by mail, you must have it notarized, and you must also call the specific small claims court about where to send the form and how to submit filing fees.
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Complete the affidavit and claim form. The form requires your full name, address and other personal information, as well as the name and address of the defendant (or party being sued). You will also enter in details pertaining to why you are suing.
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Pay all filing and other applicable fees when you return the completed form to the clerk's office. Filing fees vary based upon how much you are suing for. As of 2010, you will be required to pay a fee of $25 for claims up to $600; a fee of $45 for claims over $600 and up to $1,750; and a fee of $65 for any claims over $1,750 and up to $3,000. You will also be required to pay a service and processing fee to serve the defendant with a notice of suit. These fees may vary. You will be given a court date once paperwork and fees have been collected.
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Show up for your court date. Be sure to bring all paperwork and evidence to prove your case. It is wise to make several copies of any documents or other evidence brought to court. The judge may decide to send both you and the defendant to mediation, and the case will be adjourned. This is optional, and either party can contest and the hearing will proceed. During the hearing, both sides will be given an opportunity to plead their case. Based on that information, the judge will make a decision. If judgment is in your favor, you may be awarded the judgment that you asked for or for an amount that the judge decides is fairer.
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Collect your judgment. If the defendant loses, he does have the option to pay the judgment plus court costs immediately after the hearing. Or he may make arrangements to pay with the judge, and the defendant will also be required to submit information, such as a bank account number, to the court to help with post-judgment collections. Either arrangement is entered formally into the judgment form. If the defendant fails to pay, you must go back to court and file an affidavit for judgment to have the defendant's property, bank account or wages garnished.
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