|
SMALL CLAIMS CASES
General
When you are suing someone for $3,000 or less, your case can be heard in the
Small Claims Division of the District Court. Your case will be heard by a judge.
In small claims cases, the parties represent themselves. You cannot have an
attorney present your case or have a jury trial. In addition, the judge's
decision is final and cannot be appealed. If either party objects to these
conditions, the case will be transferred to the District Court Civil Division
for a trial.
If you are the one filing the case, you are called the plaintiff, and the
person or business you are suing is called the defendant. Small claims cases
should be filed either where the cause of action arose or where the defendant
resides or is employed.
To start the case, the plaintiff must file an "affidavit and claim form" with
the clerk of the district court court. This form is available from the court. It
is also available from this site in the
Forms section or online at
the
State Court Forms Index . For a detailed explanation of the small claims
process please see
more
information about the small claims process .
The plaintiff is responsible for paying the filing fee and other fees. If the
judge rules in favor of the plaintiff, the fees may be added to the judgment
against the defendant.
The defendant can request that a small claims case be removed to the regular
civil division. If that occurs, all parties may have attorneys. Processing of
the case then follows the pattern of a regular civil case and the decision may
be appealed to the circuit court.
It is important to realize that if a money judgment is ordered by the judge,
the defendant might not automatically pay the money and court costs to the
plaintiff. You may have to take additional steps to obtain your money. One of
the ways to collect is to garnish the defendant's wages or bank account. For
more information see the
Collections page on this site.
Many courts are offering mediation as an alternative to filing a small claims
case. You may want to contact :
Mid-Michigan Dispute Resolution Center
200 S. Michigan Ave.
Saginaw, MI 48602
(989) 797-4188
Fees
Claims up to $600
-
$ 25.00
Claims $600.01 to $1,750.00
-
$ 45.00
Claims $1,750.01 to $3,000.00 -
$ 65.00
Motion Fee
-
$ 20.00
Small Claims Clinic
The 70th District Court-Small Claims Division, the Saginaw County Bar
Association, and Legal Services of Eastern Michigan sponsor a Small Claims
Clinic which is held every other month. The clinic is presented by volunteer
attorneys and Clerks from the 70th District Court and also features the Hon.
Christopher S. Boyd on video explaining the hearing process. There is no charge
for attending the clinic, but legal advice on individual cases will not be
given.
The clinic is held at the Saginaw County Courthouse in the 4th
Floor Jury Room from 3:00 PM to 4:30 PM on the following dates:
July 10, 2006
September 11,
2006
November 6,
2006
January 8,
2007
March 5, 2007
May 7, 2007
July 2, 2007
September 10,
2007
November 5,
2007
|
70th
District Court