The Civil Division of the 73B Huron County District Court handles cases in which one party (a person, group, business, corporation, or organization) brings an action against another for money owed as a result of a variety of causes.  Such causes may include overdue accounts, rental security deposits, delinquent rent, repair bills, physical damage, breach of contract, etc.  The Civil Division docket is divided into two main categories of cases:

• General Civil cases for suits up to $25,000.00.
  
• Small Claims cases for suits up to $3,000.00.

Small Claims Court

Small Claims court is a judicial process established in district courts that allows for settling monetary disputes of $3,000.00 or less. You can only sue for money damages in Small Claims court. This court is not for cases in which you are seeking injunctive relief such as trying to require someone to do, not do, or stop doing something.

If you want to bring a suit against another party in the 73B District Court, Civil Division Small Claims Court, the cause of the action for which you are suing must have occurred (the claim must be ripe), or the party that you are suing must live in Huron County. It is important for you to know that by having your case heard in Small Claims action, you give up the following rights:

• The right to have an attorney represent you in court;

• The right to a jury trial;

• The right to appeal a judge's decision to a higher court.

However, the party you are suing (the defendant) in Small Claims court does not have to give up these rights.  They may demand that the case be removed to the General Civil docket. If that happens, you may seek the advice of an attorney.

When deciding whether to file a claim, consider whether the person you are suing has any income.  Even if a judge or attorney magistrate grants you a judgment, if the person you sued has no income, it will be difficult for you to collect any money.  You might want to check this out before yoiu invest your time and money in filing a claim.

How do You Start Your Small Claim Lawsuit?

You can file a claim against the person or business in the small claims division of district court.  Your case must be filed in the city or county where the transaction in dispute took place or where the person or business you are suing is located; this extends personal jurisdiction of the court over the defendant.  If you are suing more than one person or business, the suit may be filed in the district court in which any of the persons lives or where any of the businesses are located.

To file in Huron County, you must go to the District Court Clerk's office on the first floor of the County Building and tell the clerk you want to file a small claims case.  You will be given an affidavit and claim form to fill out.  On the form, you name the person or business you are suing and list reasons why you are suing and the amount you are suing for.

At the time of filing, you must pay the court clerk a fee for filing the form.  The cost of filing the suit depends on the amount sought for a judgment.  If you are requesting $600 or less, the fee is $25.  If you are requesting more than $600 but less than $1,750, the fee is $45.  If you are requesting more than $1,750, the fee is $65.

When you file your Affidavit and Claim form, you will be asked how you want this form served on the defendant.  Service refers to the official way the defendant is notified that a Small Claims lawsuit has been initiated against him/her.  You may do this by registered or certified mail or by having a process server hand the form to the defendant (personal service).  If you request personal service by the Sheriff's Office, the cost will vary depending on the city of residence of the defendant but range from $30 to $62.  If you request service by registered mail, the cost is $10.04 for each defendant.  You must pay for service when you file your claim with the Civil Division.

The defendant may respond before the hearing.  The defendant may offer to settle the matter after learning you have filed suit.  If you settle the matter, you can either voluntarily dismiss your lawsuit or obtain a judgment.  If you want an enforceable judgment, the terms of your agreement must be spelled out in writing and signed by you, the defendant, and the judge or attorney magistrate. A copy must be filed with the court.

What If You Have Been Sued in Small Claims Court?

If you are served with court papers from the small claims court, you are called the defendant. You have several ways to respond to the affidavit and claim you have received. 

If you want to deny the claim, you must either answer the complaint before the hearing date or appear in court on the hearing date, bringing with you any evidence you have to support your denial.  If you want an attorney to represent you, you must tell the court at or before the hearing.  The case will then be transferred from small claims to the general civil division of the district court.

If you have a claim against the person who is suing you, you can also file a counterclaim.  Your written counterclaim must be filed with the court and served by first class mail to the person suing you.

If you fail to appear for the hearing, the court may enter a default judgment against you.  This means the judge or attorney magistrate may grant a judgment for the plaintiff without hearing your statement.

The entry of a judgment may appear on your credit report.

How Soon After Beginning My Suit Will I Have My Hearing?

When you file your Affidavit and Claim, a member of the Civil Division staff will assign a courtroom and a hearing date, approximately forty (40) days after the filing date.  It is important that you show up in the courtroom on the day and time that your hearing is scheduled.  Small Claims cases are scheduled for 8:45 a.m. on Mondays.

How Are Small Claims Court Cases Conducted?

Hearings are held before the District Court magistrate.  During the hearing, all parties tell their sides of the case.  It is critically important that you bring to court ALL records, both written evidence and witnesses, to support and prove your case.  This evidence often consists of sales receipts, written guarantees, lease copies, accident reports, pay stubs, and photographs.  You should be prepared to state your case clearly and completely.  Take your time and tell exactly what happened in your own words and why you think the person or business you are suing owes you money.  Witnesses will be allowed to tell the judge or attorney magistrate what they know about the case.  After testimony and evidence is presented, the magistrate makes a decision.

A magistrate is a lawyer appointed by the chief judge of a court, who has certain powers and duties which includes Small Claims hearings.

What Kind of Results Can Occur From a Small Claims Hearing?

If both parties to the case are present at the hearing, the following actions can occur:

• The defendant disagrees with your claim but agrees to continue with the hearing, after which the magistrate makes a decision (enters a judgment);

• The defendant disagrees with your claim and requests the case be transferred to the General Civil docket;

• The defendant admits liability for the claim of the plaintiff and a consent judgment is entered against the defendant; or

• The Magistrate rules that the plaintiff has no cause of action to sue and dismisses the case.

Can Either Party Appeal the Decision of the Magistrate?

Yes.  The decision of a magistrate at an informal Small Claims hearing can be appealed.  You must file your appeal with the Civil Division within seven (7) days of entry of the judgment.  Appeals, scheduled within fourteen (14) days after filing, are held before the District Court Judge.

The decision of the judge is final.  No appeal can be made of the judge's decision.

What Happens if Either Party in the Lawsuit Does Not Show up for the Hearing?

If the plaintiff fails to show up for the hearing, the case is dismissed.  If the defendant fails to appear for the hearing, the magistrate enters a default judgment against him/her.  However, before a default is issued, the court verifies that the defendant was properly served with a notice of the suit at least seven (7) days before the hearing.  If the defendant was not properly notified of the hearing, then another hearing must be scheduled.  When cases are dismissed or a default judgment entered, the court sends notice to all parties in the case.

What Happens if the Court Enters a Judgment Agains the Defendant?

When the court enters a judgment against the defendant, the plaintiff becomes responsible for collecting on a money judgment in a Small Claims case.  At your hearing, a Small Claims Judgment form is completed stating the amount the defendant owes, how and when it must be paid, and what happens if it is not paid.  These forms are available at the Civil Division's cashier window.

What Can the Plaintiff do if the Defendant Does Not Pay the Judgment?

If, after 21 days following the date on which the judgment was entered, no payment has been received, the plaintiff can file a Writ of Garnishment against the defendant's wages (fee is $15.00) or bank account (fee is $15.00).  However, income from welfare, unemployment, social security, etc., cannot be garnished. Arrangements are then made for the defendant's employer or bank to pay the judgment. There is also a service fee of $5.71 to mail the garnishment and a disclosure fee (payable to garnishee) that is $6.00 for periodic and $1.00 for non-periodic.

Another way for the plaintiff to collect on a money judgment is to file a Writ of Execution with the Civil Division.  When issued by the court, this writ authorizes a court bailiff or sheriff to take possession of real and personal property of the defendant to be sold to pay the judgment.  There is a $15.00 filing fee and a service fee for issuing a Writ of Execution, plus additional costs related to the actual expense of taking, keeping, and selling the property.

For information on garnishing a money judgment from a person's tax return, please visit the Michigan Department of Treasury website.

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