Michigan Small Claims

In Michigan, the small claims court is a division of the District Court that handles minor monetary disputes in a faster and more affordable manner. Individuals, contractors, or businesses seeking to file a small claims case in Michigan should be familiar with the procedures and limits established under the Michigan court rules.

What Is a Small Claims Court in Michigan?

A small claims court has jurisdiction over most civil cases in which the amount in controversy is $7,000 or less. Unlike some other states, Michigan does not allow small claims filings for non-monetary disputes. Common examples of small claims matters include landlord-tenant disputes concerning security deposits, recreational trespass, contract disputes, dishonored checks, and consumer protection violations.

Small Claims Court Limits in Michigan

Excluding interest and costs, the monetary limits for filing a small claims case in Michigan are $7,000. This amount became effective on January 1, 2024, under the Michigan Compiled Laws Section 600.8401. Individuals and entities can file in small claims court only to resolve money-related disputes. To recover property or seek an injunction, a claim and delivery action must be filed in a different court division.

In small claims proceedings, attorneys are not allowed to represent either party, and all cases are heard through a bench hearing. For a judgment to be appealed, the case must have been heard by an attorney magistrate.

How to File a Small Claims Case in Michigan

The following are the main steps to consider when starting a small claims case in Michigan:

Confirm the correct venue

Typically, small claims cases are filed in the District Court in the county where the defendant lives or works, or where the dispute occurred. Individuals and businesses outside Michigan can also file a case.

File the claim

There are two options for starting your small claims lawsuit in Michigan. First, you can visit the appropriate District Court Clerk and fill out the Affidavit and Claim form (DC 84). This form must be signed in front of the court clerk or a notary public to verify that the information provided is true and accurate under oath. An alternative option is to complete your form by using the Do-It-Yourself Small Claims Suit tool. After completing your form, you can print and file it at the Clerk’s Office.

Pay the fee

In Michigan, the filing fee for a small claims case depends on the amount being claimed. The fee is $30 for claims up to $600, $50 for claims between $600 and $1,750, and $70 for claims ranging from $1,750 to $7,000.

Serve the defendant properly

A small claims defendant must be notified through a proper service of process. Once you pay for the service, the court sends the papers to the defendant through certified mail. The service is deemed complete when the court gets a signed return receipt. Another option is to get the papers delivered through a process server or sheriff. It is important to note that the defendant must be served at least seven days before the hearing if served in person or nine days before if served by mail.

Removal to general civil

When a defendant is served with the small claims paperwork, they are informed of their right to have the case heard as a regular civil case in the District Court. To accomplish this, they must file a Demand and Order for Removal before the hearing date. This action indicates that lawyers can represent both parties, and the judgment can be appealed to the Circuit Court.

Small Claims Court in Major Michigan Cities

• Detroit: Individuals and entities in Detroit can file their case in the Small Claims Division of the 36th District Court. The courthouse is located at 412 Madison Street, Detroit, MI 48226.
• Grand Rapids: To file a case in Grand Rapids, interested parties may visit the 61st District Court, 180 Ottawa NW, Grand Rapids, MI 49503.
• Ann Arbor: The 15th District Court, situated at 301 E. Huron St., Ann Arbor, MI 48107, receives small claims filings from individuals and businesses. In addition, this court allows plaintiffs to file their case online by using the MiFile system.

What to Expect at a Small Claims Hearing in Michigan

The magistrate or judge handling the case may recommend that both parties resolve the situation with the help of a mediator. If the case cannot be resolved, the trial will commence. It is important to present the case in chronological order, answer the magistrate/judge’s questions, present evidence, and inform the court about your witness. After a decision is made by the judge, the court ensures that both parties receive a copy of the order.

How to Search for Small Claims Records in Michigan

Public small claims records typically include information such as the case number, names of the parties involved, docket entries, and the judgment.

1. MiCOURT Case Search: The statewide portal provides access to participating district courts’ dockets and hearing dates. It is the best first stop to check the status or find a case number.
2. Local court portals: Some District Courts publish their own search pages and explain what date ranges can be accessed by the public online.
3. Certified copies/offline requests: To access records that are not available online, individuals may visit the appropriate District Court Clerk’s Office. The clerk, who serves as the official custodian of court records, can provide certified copies of small claims records upon request.