If you feel an individual or a business has treated you unfairly and you believe they owe you money or satisfaction, there is something you can do about it. You can sue in small claims court for up to $1,750. You can do it yourself without hiring a lawyer. This pamphlet tells you how.
You do not need to know anything about the law to bring a suit in small claims court. Since lawyers aren't allowed to argue cases for clients, you don't need a lawyer. You simply state your case in your own words. After both sides have been heard, the judge decides on who is right.
Before filing your claim, you should have some idea what your chances are of collecting. A judgment does not mean automatic payment. It simply means you have proven to the satisfaction of the court that the person you sued owes you money. There are often cases where a judgment is not particularly difficult to obtain but the collection of money is difficult if not impossible. If you cannot collect a judgment in your favor, it may turn out to be a hollow victory.
The first step is to file a claim against the person or business you want to sue. This is done in person at a district court office. The cost of filing a small claim is minimal but the total cost will vary depending on other fees, such as the cost of service upon the defendant, writs of execution, attachment or garnishment.
| Filing Claim ($1.00-$600) | $12 |
| Filing Claim ($601-$1,750) | $22 |
| Writ of Garnishment or Execution | $5 |
| Discovery Subpoena | $5 |
| Certified Mail Service | $5 |
| Personal Service | $10 |
During your initial conversation with the district court, be sure to ask exactly how much the filing fee is and if there will be additional fees. You will need to know the exact name and address of the person or business you are suing, how much money you are suing for, and why you are suing. If you win the case, you are entitled to be reimbursed for the costs of filing your suit. Be sure to request the award of costs in your claim.
When you file your claim you should bring along any evidence you may have to back it up such as a bill of sale, receipt, lease, accident report, photographs, repair bills or estimates, promissory note or contract.
The court will notify the defendant that you have filed a claim. Both you and the defendant will be notified of the date of appearance which has been set by the court. A hearing date is set four to six weeks away. You should use this time to organize your presentation and evidence.
It is possible that the defendant will offer to pay out of court once a notice of your pending lawsuit is received. If you reach such an agreement, make sure that the terms of payment are put in writing and signed by both you and the defendant. Then file a copy of the agreement with the court. Once accepted by the court, the agreement becomes an official judgment of the court and is enforceable by law.
If the defendant does not request that the case be heard in a higher court or offer to settle the case out of court, you should begin preparations for the small claims court hearing.
You will want to present all the relevant facts clearly and concisely. It's a good idea to outline the major points you wish to make. Then go back over your presentation and gather together all supporting documentation you have. You should also contact any witnesses you want to appear in court on your behalf to document your claim.
The hearing will take place at the court where you filed your claim, unless another location is specified by the court. Be there on time. If you fail to attend the hearing without having notified the court, your claim will be dismissed.
If the defendant does not show up for the hearing the court will usually grant you a "default" judgment. This means that the judge decides in your favor even though the other side of the case has not been presented.
If both parties show up, the hearing will proceed. The court clerk will call your case when it's time for the hearing and you and the defendant will appear before the judge. The judge will ask you to state your claim.
Take your time and in your own words tell what happened, why you think the defendant owes you money or what you would like done. Remember, this is NOT the time or place to vent your anger or frustration. Keep your testimony to the facts of the case. Show the judge the papers or evidence you brought and introduce any witnesses you may have. The witnesses will be allowed to tell the judge what they know about the case in their own words.
After you have finished, the defendant will have an opportunity to tell the other side of the case. Listen carefully. It is up to you to make sure all the facts of the case are presented to the judge fairly and completely. If you think the defendant is leaving something out or changing the facts, tell the judge. The judge will want to hear all the facts before making a decision.
Remember, the judge's decision is final. Neither you nor the defendant can take the case to a higher court once the judge has made a decision in the Small Claims Division.
If the judge decides in your favor, that means the defendant must pay you the amount ordered by the judge plus a small amount in court costs. If the defendant refuses to abide by the order of the court, there are various options open to you.
First of all, ask the court how it can assist you in collecting money. For a small fee, the court may be able to issue a "writ of garnishment." This would mean that your payments would be taken out of the defendant's wages or bank account. Income such as welfare, unemployment and social security cannot be garnished.
If the court is unable to carry out a garnishment, it might choose to issue a "writ of execution." In this case the court would seize some property of the defendant and sell it in order to pay your judgment.
Once the defendant has complied with the judge's decision, you will be finished with your lawsuit in the Small Claims Division of the District Court.
* Portions reprinted from Michigan Consumers Council Pamphlet How to Sue Someone in Small Claims Court.
Original HTML by Timothy Strunk