must have a “resident agent”. You may You may sue to recover damages to support your claim (such as a bill of obtain information regarding your vehicle from an automobile sale, receipt, a guarantee form, lease, corporations by contacting the Michigan accident or promissory note). accident. However, the other driver Department of Treasury in Lansing. If Remember to provide a copy for the must have been at fault and you can you are suing a partnership or an court and a copy for each defendant. only claim that amount not paid by individual doing business you must insurance up $1,000.00. You must also correctly state the name of the The filing fee for a small claims lawsuit be covered by “No Fault” insurance. business or partnership being sued. ranges from $30 to $70 depending on Information regarding local businesses the amount claimed. If you win your REMOVAL TO GENERAL CIVIL can be obtained from the County case all costs may be added to the HOW TO USE SMALL Clerk’s Office located at 200 N. Main amount of the claim. Fees are not Before commencement of a hearing, the Street, Ann Arbor. CLAIMS COURT returned if you do not win the case. plaintiff or defendant may demand that You may not file more than five (5) the hearing be conducted before a district Where to Sue small claims cases in one (1) week. If th 15 District Court court judge. Otherwise, a magistrate will The 15th District Court serves the City a person is indigent or receiving public 301 E. Huron St. conduct the hearing. Neither party may of Ann Arbor. It is not enough that the assistance it is possible to have the P .0. Box 8650 be forced to give up the right(s) to have plaintiff (party starting the suit) lives in filing fee suspended. Ask the clerk Ann Arbor, Ml 48107-8650 an attorney, to have a jury decide the Ann Arbor. You must file your case in the about this. Civil Division case or to appeal the judge’s decision. A District Court where the defendant lives, (734) 794-6752 lawsuit started in the small claims is established or is employed or in the District Court where the action arose. division may be “removed” or transferred SERVING THE SUIT PAPERS to the general civil division of the court. WHAT IS A SMALL CLAIMS Either party may remove the case to the After you have determined who and where to sue, the next step is to file an A small claims hearing is scheduled LAWSUIT? general civil division at any time prior to Affidavit and Claim (DC 84) form with after the Affidavit and Claim is served the commencement of the hearing. the court. To do this you must go in on the defendant. The defendant must If you feel that a business or Should the lawsuit be removed to the person to the District Court Clerk’s be notified that you are suing. This is individual owes you money, you general civil division, you may wish to Office and fill out the form given to you done by: may bring a lawsuit against that consult a lawyer. by the clerk or the Affidavit and Claim business or individual in the (DC 84) form can be found on-line at Certified Mail - sent by the Court small claims division of District STARTING A SMALL CLAIMS https://courts.michigan.gov/administration/ addressed to addressee only, return Court. The most you can collect LAWSUIT scao/forms/pages/search-for-a-form.aspx receipt requested. You must pay the is $6,500.00. If the amount you postage costs. (see clerk for prevailing wish to collect is over that Who to Sue On this form you must provide the full amount, you may still bring a postal rates and any exceptions Before filing a small claims suit you and proper address, phone number for Plaintiff (if possible for the Defendant) allowed). small claims lawsuit if you are should determine whether the party willing to forego any amounts and the name of the person you are you wish to sue is an individual, a claimed over the jurisdictional suing, how much money you are suing Personal Service - any legally partnership or a corporation. limit. There are no lawyers, no for and the reason for the suit. competent adult who is not a party or Corporations must be sued through their jury and no appeals in small an officer of a corporate party may “resident agent” or the officers of the claims court. When you file your claim with the deliver the affidavit to the defendant(s). corporation. All Michigan Corporations clerk, you should bring along copies of See clerk for service fees and mileage any written evidence you may have to rates. What if the Defendant has a Claim? MEDIATION Judgment/Dismissal (DC85) form which If the defendant(s) has a claim Partnerships or corporations are can be found on-line at https://courts. against the plaintiff, he/she may file a personally served when a copy of the After service is made on the defendant, michigan.gov/administration/scao/forms/ written counter claim. It is the same as affidavit is left with one of the the suit will be scheduled for mediation. pages/search-for-a-form.aspx and file the making two lawsuits into one. If the company’s officers or its resident agent. The parties to the suit will be referred to form at the District Court Clerk’s Office. defendant(s) has such a claim, he/she (The officer’s names are listed on the the Dispute Resolution Center (DRC), should also file an “Affidavit and Claim” annual report filed with the County once proper service has been made THE HEARING form - add the words “Counter Claim” Clerk or State Treasurer along with the on the defendant. The DRC facilitates and file the original with the Court and name of the resident agent). communication between the parties, Your hearing will take place at the mail a copy to the plaintiff (a filing fee is assists in identifying issues and helps court where you filed your claim. Be not paid). A partnership or corporation may also explore solutions to promote a mutually there on time. Be sure to bring all your papers or evidence with you and make be served by handing the affidavit to a acceptable settlement. POINTS TO PONDER person in charge of the office and sure your witnesses will be there on sending a copy of the affidavit by If a settlement is not reached at time. This pamphlet attempts to offer an registered mail to the partnership or mediation, the suit will be scheduled for overview of the Small Claims Court and corporation at its main office. This last a hearing before the magistrate. Your case will be called when it is time for the hearing and you and the its procedures. It is not a complete type of service is called “Substitute statement of law. Service” and should be used only if BEFORE THE HEARING defendant will appear before the personal service cannot be made. magistrate. The magistrate will ask you to state your claim. Tell what Try to settle the matter out of court, Remember that if you use a court Before hearing, prepare by lining up happened to you in your own words even up to the day of the hearing. If officer to serve the affidavit they are not any witnesses or evidence you have to and why you think the person or settlement is reached, get it in writing. a detective and must rely on support your claim. Witnesses may be business owes you money. Witnesses information given by the plaintiff in ordered to court by a “subpoena” will also be allowed to tell what they Before filing a case consider whether order to locate the defendant(s). Be signed by the judge or court clerk. know about the case in their own you will be able to collect a judgment sure you have the correct address of Subpoenaed witnesses are required to words. The person you are suing will from the person or business you are the defendant(s). be paid a fee of $6 for a half day or $12 have an opportunity to explain their suing. Sometimes collecting the for a full day and .20 cents per mile. side of the case. Listen carefully, judgment can be the most difficult Check the “expiration date” in the Either party can subpoena witnesses because it is up to you to make sure all aspect of a lawsuit. Please read lower left corner of your affidavit. It will and costs are recoverable by either facts of the case are presented fairly “Collecting Money from Small Claims expire if more than 91 days have party. and completely. The magistrate’s Judgment” pamphlet available from the elapsed from the date filed in court. clerk. You may ask to have the original SETTLEMENT PRIOR TO judgment is final unless appealed affidavit extended;however, you must HEARING within seven (7) days. A judge’s decision is final. apply before the original 91-day Suits frequently arise because of the period ends. (see clerk for forms). If failure to the parties to communicate the affidavit has expired, you must file a If you fail to appear, the claim may be with each other. Time and money can new Affidavit and Claim and pay a new dismissed or the case may be be saved if the parties meet and attempt filing fee. continued to another date. If the to settle the dispute before coming to defendant fails to appear and the court court. If the parties to the suit pay or determines that proper notice was M37 agree to terms before the court date, provided, a default may be entered in 01/21 please fill out the your favor.