Small Claims CourtFrom "Guide to Small Claims Court", from the office of (former) State Representative Lynn Rivers. To skip down, click on the topic you are looking for: |Why is Small Claims Court sometimes referred to as the "People's Court"?| |What can I sue for in Small Claims Court?| |How do I start a Small Claims Court case?| |What if I have problems filling out the "Affidavit and Claim"?| |What do I do after I fill out the "Affidavit and Claim"?| |How much does it cost to start a Small Claims Court case?| |What if I am too poor to pay these fees?|
What is Small Claims Court? Small Claims Court is part of the District Court system. It is set up for people to represent themselves and settle their disputes without having to hire a lawyer.
Why is Small Claims Court sometimes referred to as the "People's Court?" Small Claims Court is a simple, inexpensive approach to legal matters. No lawyers are allowed, no juries make decisions, the amount that can be collected is small, and the decision of the judge cannot be appealed. You do not need to know anything about the law to bring a case to Small Claims Court. The judge knows the law. You just tell your story in your own words. This simple approach makes it more "user-friendly," and thus Small Claims Court is usually more available to the average citizen than other courts.
What can I sue for in Small Claims Court? Anytime you or your property has been damaged in some way, or you are owed money by another person or business, you can file a lawsuit in Small Claims Court. You can sue another person or a business for up to $3,000.
How do I start a Small Claims Court case? You must start your case at the District Court Office for the city or district where the person you are suing lives, or where the incident about which you are suing took place. Your case can be transferred if it is not started in the right court. (To locate your landlord's address, see our information on Finding Your Landlord's Address.) Next, you need to fill out a District Court form called an Affidavit and Claim. You can also get this form at the District Court clerk's office. Just tell the clerk you want to start a Small Claims case.
What if I have problems filling out the "Affidavit and Claim"? Ask the District Court clerk for help. The clerk may not give legal advice, only assistance with what types of information to include on the form and help with understanding court procedures.
What do I do after I fill out the "Affidavit and Claim"? Take the "Affidavit and Claim" to the District Court office. Take along copies of any written evidence you have to back up your claim, such as letters, repair bills, estimates, or receipts. Make sure you have at least three copies of each piece of written evidence. The clerk will attach them to the "Affidavit and Claim" form. Make sure what you give the clerk are copies of this evidence. You will need the originals to show the judge when you get to court. Once you have given the clerk the "Affidavit and Claim" form and the copies of your evidence, you have filed your case. The clerk will then set your court date. The date is often 30-45 days from the date you bring the form in.
How much does it cost to start a Small Claims Court case? The filing fee is $17 if you are suing for $600 or less, and $32 if you are suing for more than $600. You pay this when you file your case. You will also have to pay a separate fee to have your "Affidavit and Claim" form served on the person you are suing. The amount of the service fee depends on how the defendant is served: by certified mail or by a "process server". A "process server" is someone who personally hands the court papers to the person you are suing. It is much cheaper, and just as legal, to have your opponent served by certified mail as to have a process server personally give him or her the papers. If you win your case, these fees - also known as court costs - can be charged against your opponent, and you can collect them from him or her. If you lose your case, however, you will not get your money back.
What if I am too poor to pay these fees? If you are very poor or receiving public assistance, welfare or Social Security, you can ask the court not to charge you the fees to file the case. You will need to fill out a special form and give it to the clerk when you start your case. The Washtenaw County Trial Court has more information on small claims cases. Click here to go to the court's web site. To return to the Michigan Tenants Counseling Program web site, click here. Information, Not Legal Advice. We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through your local legal aid organization. Always talk to a competent lawyer, if you can, before taking legal action. E-mail. Viewing this web site, or sending an e-mail message to the Michigan Tenants Counseling Program or other legal organization through this web site, does not create an attorney-client relationship between the Michigan Tenants Counseling Program or other organization and you. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client, your e-mail may NOT be protected by the attorney-client privilege. Also, unless it is encrypted, e-mail can be intercepted by other people. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not obtain an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail. Lawyer Advertising. This web site is not intended to be advertising or solicitation. Hiring a lawyer is an important decision that should not be based on advertisements. Before hiring an attorney, you should investigate his or her reputation and qualifications. Links. Some of the items listed here have not been prepared by us, but are instead "links" to information prepared and posted by others. We cannot guarantee the accuracy of information posted on other sites. The links are not intended to imply that we sponsor or are affiliated or associated with the people who created those sites, nor are the links intended to imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. |
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