In small claims cases, the parties represent themselves. You cannot have an attorney present your case. 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 for a hearing.
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 in the county where the cause of action arose or in the county where the defendant resides.
To start the case, the plaintiff must file an "affidavit and claim form" with the clerk of the small claims court. This form is available from the small claims court.
The cost of filing your lawsuit in Small Claims court is $17.00 for claims up to $600, and $32.00 for claims from $600 to $3,000. 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.
It is important to realize that if a money judgment is ordered by the judge, the defendant may 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 easiest ways to collect is to garnish the defendant's wages or bank account. Garnishments are addressed in item 33 of the menu.
Many courts are offering mediation as an alternative to filing a small claims case. You may want to contact the small claims clerk to see if a mediation program is available in your community.
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Last updated 8-5-07
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov