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Small Claims - Self Help

The following information will take you through the steps necessary in a proceeding in the small claims division of the district court. To access any of the necessary forms, simply click on the form number. To access any of the topics, simply click on the topics.

Statutes and Court Rules

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Using Court Forms

Court forms are available for use in small claims proceedings. These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney. See details on how to find legal information >>.

When using forms, you are required to provide the total number of copies for use by the court, the parties, and any other person or organization that must receive the form. See the upper-right hand corner of each form to determine the mandatory number of copies and who must receive those copies. When completing a form on-line, you must print the number of copies you will need for filing with the court and service on the parties. Otherwise, you will have to photocopy the proper number of copies before filing the form with the court. If you do not provide the court with the correct number of copies, the court might reject the form for nonconformance under the authority of Michigan Court Rule 8.119(C). Unless specifically required by court rule or statute, the court is not responsible for making copies of forms for you.

Select the forms you need from the list below. Instructions for completing and processing a form are provided with each form and can be read online. Make sure you read all the instructions and follow them carefully.

Affidavit and Claim, DC 84
Small Claims Judgment, DC 85
Demand and Order for Removal, DC 86

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How to Begin Your Lawsuit

If you cannot resolve your dispute through mediation, you can file a claim against the person or business in the small claims division of district court. To start the case, you (the plaintiff) must file an "affidavit and claim form" with the clerk of the district court. You can go to the court and tell the clerk you want to file a small claims case. The clerk will give you an Affidavit and Claim, form DC 84, to fill out. Or you can fill out the form available on this website, print it, and bring it to the court.

Your case must be filed in the city or county where the transaction or dispute took place, or where the person or business you are suing is located. If you are suing more than one person or business, the suit may be filed in the district court where any of the persons live, or where any of the businesses operate.

The cost of filing your lawsuit is $25 for claims up to $600, $45 for claims over $600 up to $1,750, and $65 for claims over $1,750 up to $3,000. As the plaintiff, you are responsible for paying the filing fee and other required fees. Some of the other fees are postage or service fees. Ask the court for this information and be sure to bring this amount with you when you file your claim. The amount of the fees can be included as part of the judgment against the defendant (the person your are suing) if the judge decides in your favor. After you have filed your claim, the court will notify the other party that you have filed a claim against them and the date they are to be in court. The defendant can respond before the hearing.

The defendant may offer to settle out of court after learning you have filed a suit. If you settle the matter out of court, you can either voluntarily dismiss your lawsuit or obtain a judgment. If you want an enforceable judgment, the terms of your agreement must be spelled out in writing and signed by both you and the defendant. A copy of the agreement must be filed with the court.

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Serving the Affidavit and Claim

After you have filed your affidavit and claim, the court will notify the defendant that you have filed a claim against them and the date they are to be in court. See MCR 4.303 for information on service requirements.

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If You Have Been Sued in Small Claims Court

If you want to deny the claim, you must either answer the complaint before the hearing date or appear in court on the hearing date, bringing with you any evidence you have to support your denial. If you want an attorney to represent you, you should tell the court before the hearing, and the case will be transferred from small claims court to the regular district court.

If you have a claim against the person who is suing you, you can also file a counterclaim. Your written counterclaim should be filed with the court and served by first-class mail to the person suing you.

If you fail to appear for the hearing, the court may enter a default judgment against you. This means the judge may grant a judgment for the plaintiff without hearing your response to the complaint.

The entry of a judgment may appear on your credit report.

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Preparing for the Hearing

On the hearing date, any of the following may happen:

1. If both the plaintiff and the defendant appear, the judge may recommend that the parties go to mediation and the case may be adjourned. If either party does not want to attempt mediation, the hearing will proceed.

2. If the plaintiff does not appear and the defendant does appear, the case may be dismissed.

3. If the defendant does not appear, the plaintiff may ask for a "default" judgment. This means that if the judge decides the plaintiff has a good claim, the plaintiff can obtain a judgment without a hearing because the defendant did not appear to challenge the claim.

When you go to court for a hearing, take with you all the evidence you believe proves your claim. This might include a sales receipt, guarantee, lease, contract, or accident report. If a damaged article is too big to bring with you, photographs can be presented as evidence. Any witnesses you would like to speak on your behalf should appear in court as well. See general information about hearings for directions on getting witnesses to appear >>.

Remember, a small claims case will be heard by a judge or attorney magistrate; you have no right to a jury trial, and the hearing will not be recorded.

Either party has the right to ask that the case be heard in the general civil division of the district court. If you want to have the case moved to the general civil division of the district court, you can complete the Demand for Removal, form DC 86, print it, and bring it to the court before or on the day of the hearing. You must file the form with the court clerk. The court will notify the person filing the lawsuit if the defendant makes such a request. In the general civil division of the district court, both the plaintiff and the defendant have the right to be represented by an attorney. Whoever loses the case may be ordered to pay court costs and attorney fees.

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The Hearing

The hearing will usually take place at the court where the claim was filed. It is important to be there on time; if you filed the lawsuit and are not in court when your case is called, the case may be dismissed. If you are the defendant and are not in court when your case is called, a default judgment may be entered against you. Bring all of your relevant papers or other evidence and make sure your witnesses will be on time.

The court clerk will call the case and both parties will appear before the judge or magistrate. The judge will ask the plaintiff to state his or her claim. When the plaintiff has finished, the defendant will have an opportunity to explain his or her side of the case. Each party should listen carefully. If either party thinks someone is leaving something out or is misstating facts, they should be sure to tell the judge. Both parties should take their time and tell what happened in their own words and why they think the judge should order what they seek. The plaintiff will be seeking the relief requested in the claim, while the defendant may ask the court to grant the relief requested, grant some other form of relief, or dismiss the claim altogether. Each party may present evidence to support his or her argument. Witnesses will be allowed to tell the court about facts they know that support this evidence. See general information about hearings >>.

A judge's decision in the small claims division is final. Neither party can appeal to a higher court once the judge has made a decision in the small claims division; although, on petition by either party, the same judge may reopen the case. Either party may appeal a magistrate's decision. The case will be rescheduled before a district judge and both parties will explain their case again.

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Judgment

Collecting Your Money

If you obtain a judgment against the defendant, the court will provide you with instructions regarding postjudgment collections. See the instructions >>. The defendant may pay the judgment plus court costs immediately after the hearing, but if he/she does not have the money to pay right away, the judge may allow a reasonable time to pay and may set up a payment schedule.

If the defendant fails to pay the judgment when ordered, you must go back to the court and file additional papers to collect on the judgment by having the defendant's wages or bank account garnished or their property seized. This cannot occur until 21 days after the judgment is entered. As part of the judgment, the defendant must provide information to the court that can be used in postjudgment collection efforts. See information about collection >>.

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