Michigan Compiled Laws 236-1961-84 Chapter 84 Small Claims Division (600.8401...600.8427)

• Section 600.8401 Small Claims Division; Creation; Judge; Jurisdiction.
  A small claims division is created in each district as a division of the district court. A judge of the district court shall sit...
• Section 600.8401a Instruction Sheets.
  (1) The state court administrator shall prepare instruction sheets clearly explaining in plain English how the small claims division functions and how to commence...
• Section 600.8402 Commencement Of Action; Filing, Form, And Contents Of Affidavit; Notice; Name Of Plaintiff; Removal; Waiver.
  (1) An action shall be commenced in the small claims division by filing with the clerk or a deputy clerk of the district court...
• Section 600.8403 Affidavit Forms; Availability; Preparation.
  Printed affidavit forms for the commencement of actions in the small claims division shall be available at the office of each clerk and deputy...
• Section 600.8404 Service Of Affidavit And Notice On Defendant; Form And Contents Of Notice; Evening And Saturday Court Hours.
  (1) Upon the filing of the affidavit, the clerk or deputy clerk shall cause a copy of the affidavit to be served upon each...
• Section 600.8405 Service; Manner; Proof.
  Except as otherwise provided in this section, service of the affidavit and notice to appear and answer shall be made upon the defendant by...
• Section 600.8406 Appearances; Copy Of Affidavit And Notice Of Hearing; Application For New Notice; Jurisdiction To Render Judgment; Continuance.
  (1) The date for the appearance of the defendant provided in the notice shall not be less than 15 days nor more than 45...
• Section 600.8407 Filing Of Claim In Small Claims Division; Restrictions.
  (1) A claim shall not be filed or prosecuted in the small claims division by an assignee of a claim or by a third...
• Section 600.8408 Parties; Representation; Request For Trial Before District Court Judge; Removal; Waiver.
  (1) An attorney at law, except on the attorney's own behalf, a collection agency or agent or employee of a collection agency, or a...
• Section 600.8409 Attachment Or Garnishment Prohibited; Execution; Judgment, Enforcement; Instruction Sheets.
  (1) Attachment or garnishment shall not issue from the small claims division prior to judgment but execution may issue in the manner prescribed by...
• Section 600.8410 Settlement; Payment Of Judgment; Execution, Attachment, Or Garnishment; Warning; Examination Of Assets; Payment Of Judgment In Full; Copy Of Judgment.
  (1) Before or at the hearing the parties may make a settlement upon those terms as they may agree. The settlement shall be in...
• Section 600.8410a Writ Of Garnishment As To Periodic Payments Issued By Small Claims Division Of District Court; Duration.
  A writ of garnishment issued by the small claims division of the district court remains in effect as to periodic payments as provided in...
• Section 600.8411 Removal; Waiver; Hearings; Manner Of Conducting; No Jury Or Verbatim Record.
  (1) Before the commencement of a trial in the small claims division, the district court judge or magistrate shall inform both parties, orally or...
• Section 600.8412 Waiver Of Rights.
  Unless a party removes a small claims action to the district court pursuant to section 8408(4), all parties to an action in the small...
• Section 600.8413 Judgments; Conclusiveness; Form.
  All judgments of the small claims division shall be conclusive upon the plaintiff and the defendant and shall be in a form prescribed by...
• Section 600.8415 Venue Of Actions.
  (1) Except as provided in subsections (3) and (4), in districts of the first class actions in the small claims division shall be filed...
• Section 600.8416 Location Of Small Claims Division; Filing Of Claims After Regular Court Hours; Scheduling Of Small Claims Hearings; Hearings After Regular Court Hours.
  (1) The small claims division of the district court shall sit at least once each 30 days at the locations at which the district...
• Section 600.8418 Judgments; Certification.
  If the defendant fails to pay the judgment according to the terms and conditions thereof, the clerk or deputy clerk of the court, on...
• Section 600.8419 Forms And Stationery.
  Every clerk and deputy clerk of the district court shall be furnished a reasonable supply of all forms and stationery necessary for the expeditious...
• Section 600.8420 Fees; Disposition.
  (1) A fee of the following amount, as applicable, shall be charged and collected for the filing of the affidavit for the commencement of...
• Section 600.8421 Costs To Prevailing Party.
  The prevailing party in any action in the small claims division is entitled to costs of the action and also the costs of execution...
• Section 600.8422 Counterclaim; Continuance.
  If the defendant files a verified answer stating any new matter which constitutes a counterclaim, the court may grant a continuance upon request of...
• Section 600.8423 Separate Action By Defendant; Transmittal Fee; Transfer Of Cause.
  (1) If a defendant in a small claims action has a claim against the plaintiff, which claim is for an amount over the jurisdiction...
• Section 600.8424 Actions For Fraud, Libel, Slander, Assault, Battery, Or Other Intentional Torts; Governmental Agency As Party.
  (1) Actions of fraud and actions of libel, slander, assault, battery, or other intentional torts shall not be instituted in the small claims division....
• Section 600.8425 Limitation On Claim Or Recovery; Amendment Increasing Amount Claimed.
  (1) A person having a claim in excess of the applicable jurisdictional amount as prescribed by section 8401 may institute an action in the...
• Section 600.8426 Name In Which Defendant Sued; Validity Of Judgment.
  An individual, sole proprietorship, partnership, or corporation may be sued in the small claims division in any name used in any advertisement, sign, invoice,...
• Section 600.8427 Conduct Of Small Claims Hearing By District Court Judge Or Magistrate; Appeal.
  A small claims hearing may be conducted either by a district court judge or by a district court magistrate who is an attorney licensed...

Last modified: October 10, 2016