Michigan Small Claims Forms

Michigan Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Michigan Small Claims Forms

  • How much is it to take someone to small claims court in Michigan?

    The costs to take someone to small claims court in Michigan typically range from $25 to $100, depending on the court's specific fees. Besides the filing fees, additional costs may include service fees for delivering the complaint. To get a clearer picture, review the Michigan Small Claims Forms, as they often outline any associated costs. Keeping track of these fees allows you to better prepare for your claim.

  • Is it worth taking someone to small claims court?

    Deciding to take someone to small claims court in Michigan can be worth it if the amount involved justifies the time and effort. It provides a legal avenue to resolve disputes quickly without the complexities of higher courts. By using Michigan Small Claims Forms, you simplify the process and ensure you meet all necessary requirements. Weigh your options carefully, and consider the strength of your case.

  • What is the small claims limit in Michigan?

    The small claims limit in Michigan is currently set at $6,500. It's important to note that this limit applies to the total amount you are claiming, including damages and fees. Make sure to confirm any updates to the Michigan Small Claims Forms to avoid any surprises. Staying within this limit simplifies the filing process and streamlines your hearing.

  • What qualifies for small claims court in Michigan?

    In Michigan, a small claims court handles disputes involving amounts up to $6,500. Common cases include unpaid debts, property damage, or breach of contract. It's essential to review the Michigan Small Claims Forms and guidelines to ensure your claim qualifies for this court. If you aren't sure, consulting legal resources or forms can help clarify your situation.

  • Is suing someone worth it?

    Suing someone can be worth it if you have a valid claim and seek to recover your losses. The process might take time and effort, so consider the potential financial and emotional costs. If you decide to proceed, ensure you utilize the correct Michigan Small Claims Forms to streamline your case.

  • What is the lowest amount for small claims court?

    Michigan does not have a specific minimum amount for small claims court, but claims are generally discouraged if they are below a few hundred dollars. It is advisable to pursue claims that are worth your time and effort. Using Michigan Small Claims Forms can still provide clarity on your unique situation.

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for certain matters such as defamation, lawsuits against the government, or cases involving more than monetary disputes. Additionally, claims for personal injuries or property damages above $6,500 fall outside this court's jurisdiction. Make sure to check your case against the requirements of Michigan Small Claims Forms.

  • What percentage of people win in small claims court?

    While exact statistics can vary, many reports suggest that around 50% of cases end in favor of the plaintiff. Success often hinges on the strength of your evidence and how you complete your Michigan Small Claims Forms. Thorough preparation can significantly boost your chances of winning.

  • Is small claims court even worth it?

    Small claims court can be very worthwhile, depending on your situation. It offers a faster, more informal way to resolve disputes without lengthy legal processes. By utilizing the right Michigan Small Claims Forms, you can effectively present your case and potentially receive your deserved compensation.

  • What is the most you can sue for in small claims court in Michigan?

    In Michigan, you can sue for up to $6,500 in small claims court. This limit allows you to file a claim for various disputes, big or small. Using the correct Michigan Small Claims Forms is essential to ensure your claim is handled properly and in a timely manner.