How do I file a Small Claims court case in Barry County?
A party wishing to file a small claims court case needs to complete a form(print out and complete). The form needs to be filed with the court clerk. Along with the filing, the plaintiff must pay a filing fee which varies based on the amount of the claim. The filing fees are:
- $30 – for claims up to $600
- $50 – for claims between $600 and $1,750
- $70 – for claims between $1,750 and up to $6,000
If the plaintiff is successful in the case, the court could add the cost of the filing fee to the damages in the case. After the case has been filed, the clerk can provide you with a court case number. You should keep this court case number handy as it will help you identify your case when you speak with court staff or complete paperwork associated with your case. In addition to the case number, you should also be provided with the date, time, and location of the court hearing for your case.
Court’s Ruling in a Small Claims Court Case
The court may make a decision at the hearing after both sides presented their evidence. Or, the judge or magistrate might take the matter under submission. If a matter is taken under submission, the court will notify both parties of the ruling (likely through mail).
Settling a Small Claims Court
Often, a court may try to settle or resolve a case short of an actual trial. This can be done through a process called mediation. In mediation, a mediator will meet with both parties, discuss the case, and try and work towards an agreement that both sides can live with in the hopes of resolving the case without a trial.
Court Locations for Small Claims Court Cases in Barry County
56B District Court handles small claims court cases in Barry County. 56B District Court
Courts and Law Building 202 W. Court St. Hastings, MI 49058The phone number for Barry County District Court is: (269) 945-1404. The 56B District Court can be foundonline.
Is there a Monetary Limit for Small Claims Court Cases in Barry County?
In Michigan, the small claims court cannot award more than $6,000 to a party. If a plaintiff filed a case in small claims court that is worth more than six thousand dollars, the plaintiff can still choose to file the case in small claims court. But, if the plaintiff does so, he or she gives up the right to recover anything more than that amount. The plaintiff also cannot file an additional case based on the same case to recover the excess amount.
Hearings in Barry County Small Claims Court
Plaintiff usually is given the first chance to present evidence. The defendant presents their side of the case after the plaintiff. If the plaintiff fails to appear at the hearing, the court can dismiss the case. If the defendant does not appear at the hearing, the court may issue a default judgment based on the evidence that the plaintiff presents.
Where Should a case be filed?
A Small Claims Court case needs to be filed where the defendant’s home is, where the defendant’s business is located (if you are suing a business), or where the transaction or event that the case arose from occurred. This is commonly called venue. If a plaintiff files in the wrong district court, it will postpone your case being heard and may result in you paying multiple filing fees or even having the incorrectly filed case being dismissed by the court. The court staff of the 56B District Court cannot provide advice, but it can tell you the geographic location the court serves. It is recommended you contact the court clerk of the District Court to confirm you have the proper venue.
Who Hears My Case in Barry County Small Claims Court
Juries are not available for a small claims court case. Small Claims Court cases are only heard in front of an attorney magistrate or a judge. An attorney magistrate is an attorney who has been appointed by the court to assist with certain types of cases and legal actions. Generally, attorney magistrates are used to hear small claims court cases.
Preparing for a Hearing in Small Claims Court
You should gather all evidence well before the date of the hearing. This could include copies of contracts, purchase agreements, checks, photographs or videos. Both the plaintiff and the defendant will have a chance to present their side of the case to the court. You should write out or prepare what you plan on saying ahead of time. If you have witnesses who also have information that will support your position, you should make arrangements to have them present for the hearing so they can present testimony.
Service of a Defendant in Small Claims Court
After the case is filed, the court will make attempts to provide the defendant with a copy of the Affidavit and Claim (that the plaintiff filled out). In addition to the filing fee, the plaintiff is also responsible for paying the cost of service of the defendant. Service is a way for the court to provide notice to the Defendant of your action so the Defendant can have proper time to respond and appear and provide a defense. The court uses personal service or certified mail to provide proper notice to the defendant.
Removing the Case to District Court
Removal is the legal name for transferring the case from small claims court to regular district court (which allows either side to be represented by an attorney and removes the $6,000 limit of small claims court). Removal to district court means the normal rules and procedures apply including specifically procedures related to the presentation of evidence and discovery process. Either the plaintiff or defendant can decide to remove the case from the small claims court division to the regular district court. To accomplish this, a party should fill out and file with the court clerk a Demand and Order for Removal, Small Claims. The document needs to be filed before the small claims court trial or hearing. The Demand and Order for Removal is available on a website.
Barry County Small Claims Court Cases
Can an attorney represent me in my Barry County Small Claims Court Case?
Parties are not allowed to be represented by attorneys in small claims court. Neither the plaintiff nor defendant can be represented by an attorney in small claims court. Each side is required to represent himself or herself in front of the court. Either side can request that the case be removed to regular district court (which means either side could then be represented by an attorney). However, regular district court follows the normal rules of evidence and procedures which mean the dispute will likely take significantly longer to resolve.
Option for a Defendant After Being Sued in Small Claims Court
Once a defendant has been served, the following options are available:
- Removing the case to Regular District Court
- Appearing at the Court Hearing
- Ignoring the Case (which may end up in a court issuing a default judgment against you)
- Settling the Case
What kind of cases can be filed in small claims court?
Small Claims court handles civil cases where the amount in controversy (or dispute) is $6,000 or less. Money is the only remedy a party can ask for in small claims court. If a plaintiff wants specific property or the court to make an order regarding specific performance, small claims court is not the property place to file the case. Usually, these are the most common types of cases filed and heard in small claims court:
- Traffic Collisions
- Tenant and landlord disputes over a security deposit
- Cases concerning contractual terms, performance, and payment
The following cases cannot be filed in small claims court:
- Assault and Battery
- Slander
- Libel
- Any action based on intentional harm or damages