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Lapeer County Information Depot

A small claims division for the civil cases under $3,000 exists within the District Court.  In these cases litigants agree to waive their right to a jury, rules of evidence, representation by a lawyer, and the right to appeal from the District Judge's decision.  An attorney appointed as Magistrate hears the small claims cases in the 71A District Court.  If either party objects to proceedings in the Small Claims Division, the general division of the District Court will hear the case. 

How to Sue Someone In Small Claims Court 

Remember, you have a right to use this court, it is not complicated.  Your first step is to file a claim against the party you are suing.  This is done in person in the district court office.  The district court in which you file your claim depends on where the person you are suing lives or where the business is located.  When you get to the court, tell the clerk that you want to file a small claim.  You will be given a simple form to fill out; the form is called and affidavit.  The affidavit (DC84) names the party you are suing, the amount of money for which you are suing, and states the reason for the suit. 

This is also a good time to bring along any evidence you may have to back up your claim such as a bill of sale, receipt, lease, or promissory note. 

The fee for filing is minimal (usually between $12 and $22), but this must be paid in cash.  Try to determine whether the party you are suing has enough money to settle you claim.  In most cases, you can collect the money awarded you in small claims court, but there are a few times when you cannot.  You should check this out before you invest your time and money in filing a claim. 

After you have filed you claim, the court will notify the person or business that you are suing that you have filed a claim against them.  This is called "serving the defendant" with a summons.  Both parties will then be notified of the date on which you are to be in court to present your cases.  When you appear, one of two things will happen:  (1) if the defendant appears, the hearing will proceed; or (2) if the defendant does not appear, the court will tell you that you can take a "default" judgment.  This means that if the magistrate decides you have a good claim, you can collect your money without a hearing since the party you are suing did not appear to fight your claim. 

Your hearing date will usually be within 30 days from the time you first filed your suit.  It would be wise to use this time to double-check your evidence, contact witnesses, etc. 

The party you are suing has the right to ask that the case be heard in a higher a court, which is the general district court.  The court will notify you if the defendant makes such a request.  In the higher court, both you and the defendant have the right to be represented by an attorney.  Whoever loses the case may be asked to pay for legal expenses.  Note, however, that legal expenses may not necessarily include attorney fees. 

The next step, of course is the hearing.  Be there on time.  Bring all the evidence and make sure your witnesses will be there on time. 

The magistrate will call your case and both parties then will present their cases.  When you state your claim, be sure to do so in your own words  and explain why you think the party you are suing owes you money. 

Do not allow the defendant to interrupt you until you have finished your case, unless the magistrate says the defendant may do so.  Show the magistrate the evidence and present your witnesses. 

The defendant will have an opportunity to present his/her side of the case.  Listen carefully.  Make sure all the facts of the case are presented to the magistrate fairly and completely.  The magistrate wants to hear all the facts before making a decision.  The decision is final and the case may not be appealed to a higher court by either party.  In some instances, however, a petition by either party may be used to persuade the same magistrate to reopen the case in small claims division. 

When and if the magistrate decides in your favor, that means the court agrees with you that the person or business you are suing owes you money.  You must be paid the amount specified by the magistrate plus the amount of court costs awarded. 

If the defendant refuses to pay according to the settlement, you can make him/her pay legally by having his/her wages or bank account garnisheed.  If garnishment is necessary, you must go back to court and file more papers.  There is additional filing fee which must be paid by the plaintiff, but this may ultimately be charged back to the defendant. 

When you have collected your money, you will be finished with the lawsuit in small claims division of district court.  However, you should complete and file a "satisfaction of judgment" form with the court.