Types of Cases in Small Claims Court
Small claims court only handles civil cases where the amount in dispute is $6,000 or less. A court can only award money in a small claims court case. If a party is seeking property or specific performance, the case should not be filed in small claims court. Here are some examples of common types of small claims court cases:
- Traffic Collisions
- Tenant and landlord disputes over a security deposit
- Cases concerning contractual terms, performance, and payment
Small claims court does not handle the following types of cases:
- Assault and Battery
- Slander
- Libel
- Any action based on intentional harm or damages
Jurisdiction of Houghton County Small Claims Court
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. This is commonly 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. District court staff is prohibited by law from providing you legal advice, but we do recommend contacting them to confirm that the district court’s geographical jurisdiction covers the area where your case occurred.
Will a Decision be made at the Hearing?
The magistrate or judge could make a decision at the hearing after the presentation of evidence. The court may also take the case under submission (and rule at a later time). If a matter is taken under submission, the court will notify both parties of the ruling (likely through mail).
How to File a Small Claims Court Case in Houghton 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. The plaintiff will also have to pay a filing fee when filing a case. Filings fees for small claims court cases 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. Once the case has been filed, the clerk should provide you with the case number. Keep the court case number as you will use it anytime you contact the court about your case (or complete any additional paperwork about 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.
Houghton County Small Claims Court Hearings
The plaintiff presents his or her evidence first. The defendant presents their side of the case after the plaintiff. If the plaintiff does not show up for the hearing, the court will likely dismiss the case. The court may enter a default judgment is the defendant fails to appear at the hearing.
Is there a Monetary Limit for Small Claims Court Cases in Houghton County?
A small claims court in Houghton 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 is also precluded from suing again based on the same case after the case has been decided.
Settling a Case Without a Small Claims Court Trial
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.
Who Hears My Case in Houghton County Small Claims Court
Juries are not allowed in small claims court cases. Cases in small claims court are heard by either a district judge or an attorney magistrate. Attorney Magistrates are attorneys that have been appointed by the court to assist the court with a variety of legal matters (including hearing small court cases). Due to judicial funding, oftentimes, an attorney magistrate is used to hear a large portion of small claims court cases.
Court Locations for Small Claims Court Cases in Houghton County
97th District Court handles small claims court cases in Houghton County. 97th District Court is located at:
Houghton County Courthouse 401 E. Houghton St. Houghton, MI 49931The phone number for Houghton County District Court is: (906) 482-4980. The Houghton County District Court can be found online here.
Defendant’s Options in Small Claims Court Cases
After being served with an Affidavit and Claim of a small claims court case, the defendant has the following options:
- 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
Preparing for a Small Claims Court Hearing
Before the hearing, parties should gather all documents, papers, and other evidence related to the case. 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. It is strongly recommended you write out what you plan on saying before the hearing (at least an outline or bullet points). 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.
Small Claims Court in Houghton County
Serving the Defendant in a Small Claims Court Case
Once the case is filed, the court will attempt to provide the defendant with proper notice of the case by giving the defendant a copy of the Affidavit and Claim form initially filled out by the plaintiff. 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 of a case to regular district court allows both parties to hire an attorney (if they so choose) and also removes the $6,000 limit that the court can award. 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. Either the plaintiff or defendant can decide to remove the case from the small claims court division to the regular district court. In order to do this, a party needs to complete and file a Demand and Order for Removal, Small Claims with the court clerk. This document needs to be filed prior to the small claims court trial or hearing and can actually be filed the same day (so long as it is before the hearing starts). The Demand and Order for Removal is available on a website.
Can I have an attorney Represent me in Small Claims Court?
Attorneys or lawyers are not allowed in small claims court. Neither the plaintiff nor defendant can be represented by an attorney in small claims court. Both parties are required to represent themselves at the hearing. Either side can request that the case be removed to regular district court where both sides can have 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.