Small Claims Matters
This section provides general information about small claims.
The information provided in the self-help center is not legal advice.
The laws of Michigan do not allow the employees of the court or the
judge to give you legal advice. You should consult with an attorney
concerning legal issues, but you do not need an attorney to file a civil
case. If you proceed with a small claims case, you must act as your
own attorney and this Self-Help Center may help you with the legal process.
The following is a brief description of a small claims case. For specific
information on processing your case, please click on the link.
A small claims matter occurs when you are suing someone for $3,000 or
less and want your case to be heard in the small claims division of
the district court, instead of in the general civil division of the
district court. In the small claims division your case may be heard
by a judge or an attorney magistrate.
The person or business filing the case is called the plaintiff and
the person or business being sued 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.
Limited Rights in Small Claims Matters
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 general civil division of the district
court for a hearing. However, if the case is heard by an attorney magistrate,
the decision may be appealed to the district judge for a new hearing.
Transferring a Small Claims Case to District Court
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.
Collecting Money
It is important to realize that if the judge orders a money judgment,
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,
bank account, or state income tax refund.
For additional information about how to file a small claims case and
what else you need to do, see the Small
Claims Self-Help Center >>.
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. Find
the district court in your county >>.
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