Michigan Affidavit and Claim

State:
Michigan
Control #:
MI-019-SC
Format:
Word; 
PDF; 
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Description

An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit and Claim , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s). USLF control no. MI-019-SC

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FAQ

The filing fee is: $30 for claims up to $600. $50 for claims over $600 up to $1,750 and. $70 for claims over $1,750 up to $6,500.

You can sue only for money damages in Small Claims court, up to $6,500.00. You may have a valid claim for more than $6,500.00, but a judgment in Small Claims court cannot exceed $6,500.00. You may also file a Small Claim for up to $1,000.00 due to an automobile accident under the Michigan No Fault law.

If you do not agree with all or some of the Plaintiff's claims you need to fill out a court form called a Defence. You can get the Defence form from a local court registry or from the Lawlink website. You must file the Defence with the court within 28 days of being served with the Statement of Claim.

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.

You can sue only for money damages in Small Claims court, up to $6,500.00. You may have a valid claim for more than $6,500.00, but a judgment in Small Claims court cannot exceed $6,500.00. You may also file a Small Claim for up to $1,000.00 due to an automobile accident under the Michigan No Fault law.

To begin a suit in civil court you must begin by filing the complaint. For small claims this means filing an Affidavit and Complaint with the district court. While for cases above that amount this requires you to file a Summons and Complaint with the appropriate judicial court or probate court.

After serving your Statement of Claim on all the parties, you must wait for the defendants to file their Statements of Defence. If served in Alberta, the Defendant has 20 days after service of the Statement of Claim to file their Statement of Defence and provide you with a copy.

Ignoring the Civil Claim will not make it go away and it is likely that the Plaintiff will apply for Judgment against you.A Judgment may be reported to the credit bureau and affect your credit rating.

How to File a Small Claims Court Case in Wayne County. The plaintiff needs to fill out a form to file a case in small claims court which can be found online. Once filled out, the plaintiff needs to file the form with the 16th District Court clerk. The plaintiff will also have to pay a filing fee when filing a case.

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Michigan Affidavit and Claim