Resolving a Case without a Hearing
Frequently, a court may attempt to resolve a case without an actual hearing. This can be done through a process called mediation. A mediator will meet with both parties and attempt to find some common ground for resolving the claim without a trial.
Serving the Defendant in a Small Claims Court Case
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). The plaintiff is required to pay the court for 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.
Court’s Ruling in a Small Claims Court Case
The court can make a decision at the time of the hearing (after both sides have presented their case). Or, the judge or magistrate might take the matter under submission. If this occurs, then the court will notify both parties of the outcome (usually through mail).
Are Attorneys Allowed in Small Claims Court in Delta County?
Attorneys or lawyers are not allowed in small claims court. Neither side is allowed to have an attorney represent them. Each side is required to represent themselves in front of the judge or magistrate. Either the plaintiff or the defendant can request that the case be removed to regular district court from small claims court (which would allow either side to utilize the services of an attorney). The downside to this is that regular district court utilizes the normal rules of evidence and discovery which means your case will take longer to resolve.
What Happens at a Small Claims Court Hearing
Plaintiff usually is given the first chance to present evidence. The defendant will then have the chance to present their side. If the plaintiff does not show up for the hearing, the court will likely dismiss the case. If the defendant fails to appear at the hearing, the court can issue what is called a default judgment based on the case the plaintiff present.
Small Claims Court Case Types
Civil cases where a party is seeking $6,000 or less can be filed in small claims court. A court can only award money in a small claims court case. 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:
- landlord and tenant dispute about the return of a security deposit
- Contractual dispute including performance or payment
- automobile accident where insurance isn’t available or does not cover the damages
Small claims court does not handle the following types of cases:
- Any intentional harm
- Assault and Battery
- Libel
- Slander
Small Claims Court in Delta County
Is there a Monetary Limit for Small Claims Court Cases in Delta County?
A small claims court in Delta County cannot award a party more than $6,000 (not including court costs and other fees). If a party chooses to file their case in small claims court which is worth more than six thousand dollars, the party can still choose to file the case in small claims court. If they do, the party waives their right to recover any amount above six thousand. The plaintiff also cannot file an additional case based on the same case to recover the excess amount.
Preparing for a Hearing in Small Claims Court
Before the hearing, parties should gather all documents, papers, and other evidence related to the case. This includes any contracts, written agreements, receipts, photographs, or videos that involve the subject matter of your case. Both the plaintiff and the defendant will have a chance to present their side of the case to the court. It is advised that you write out what you plan on saying to the court about your case in advance (to help focus in on what is really important). 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.
Delta County Small Claims Court Jurisdiction
A plaintiff should file the small claims court case in the district court where the defendant lives, where the defendant’s business is located, or where the transactions (that are at issue) occurred. The location of the filing is often called venue. If a case is filed in the wrong location, it will delay your case being actually decided and may result in having to pay a second filing fee or having the case dismiss your first case. The court staff of the 94th 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.
Option for a Defendant After Being Sued in Small Claims Court
A defendant has the following options after being sued in small claims court:
- Ignoring the Case (which could end up with the court issuing a default judgment against you)
- Settling the Case Outside of Court
- Transferring the Case out of Small Claims Court
- Appearing at the Court Hearing
Filing a Small Claims Court Case in Delta County
The plaintiff needs to fill out a form to file a case in small claims court which can be found online. Once completed, the form needs to be filed with the 94th District 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 prevails in the case, the court may allow the plaintiff to request the cost of the filing fee be added to the damages in the case (and ultimately paid by the defendant). After the case has been filed, the clerk can provide you with a court case number. It is important to keep this case number with you to use each time you contact the court clerk or any court staff as it will help them identify your case. Along with the court case number, the clerk should provide you with the location, date, and time of the hearing for your case.
Who Hears My Case in Delta County Small Claims Court
Juries are not allowed in small claims court cases. 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.
Delta County Small Claims Court Location
Delta County Small Claims Court cases are handled in the 94th District Court. 94th District Court is located at:
Delta County 310 Ludington St. Escanaba, MI 49829The phone number for Delta County District Court is: (906) 789-5106. The District Court can be found online here.
Removing the Case to District Court
Removing the case to regular district court allows both parties to be represented by attorneys but also removes the $6,000 limit. If the case is removed, it also means the process will be much lengthier as the normal rules of evidence and discovery will now apply. A request for removal may be made by either the plaintiff or the defendant. In order to do this, a party needs to complete and file a Demand and Order for Removal, Small Claims with the court clerk. The document needs to be filed before the small claims court trial or hearing. The form can be found here.