Removal of a Small Claims Court Case to 95B 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 party can request to move the case out of small claims court. To accomplish this, a party should fill out and file with the court clerk a Demand and Order for Removal, Small Claims. This must be filed before the hearing starts, but can actually be filed the day of the hearing or anytime before the hearing. The document can be found online.
How to File a Small Claims Court Case in Iron County
A party wishing to file a small claims court case needs to complete a form(print out and complete). Once filled out, the plaintiff needs to file the form with the 95B District Court clerk. Along with the filing, the plaintiff must pay a filing fee which varies based on the amount of the claim. The fees for filing a small claims court case 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. 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. The clerk should also provide you with the date, time, and location of the hearing.
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 could include copies of contracts, purchase agreements, checks, photographs or videos. Both sides will be given the opportunity to present their case. 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 Case Types
Small Claims court handles civil cases where the amount in controversy (or dispute) is $6,000 or less. A court can only award money in a small claims court case. If a plaintiff (or defendant in a counter-claim) is seeking specific property or an order from the court requiring a person to take certain action, the case should not be filed in small claims court. Common types of cases handled in small claims court include the following:
- Contract disputes including payment or performance
- Car accidents where insurance is not covering the damages
- Tenant and landlord disputes over the return of security deposit
The following cases cannot be filed in small claims court:
- Assault and Battery
- Slander
- Libel
- Any action based on intentional harm or damages
Service of a Defendant in Small Claims Court
The court will provide a copy of the Affidavit and Claim that you filed to the Defendant. The plaintiff must pay for this cost of service. Service is how the court ensures the defendant has notice of the nature of the lawsuit and the hearing date. The court uses personal service or certified mail to provide proper notice to the defendant.
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. Filing in the wrong district court can postpone your case being heard, force you to pay additional filing and service fees, and/or have your case be dismissed. While court staff cannot provide legal advice, it is recommended you contact the court clerk of the District Court to confirm that the court’s jurisdiction covers the geographic area needed for your case.
Court Locations for Small Claims Court Cases in Iron County
95B District Court handles small claims court cases in Iron County. 95B District Court is located at:
Iron County Courthouse 2 S. Sixth Street Crystal Falls, MI 49920The phone number for Iron County District Court is: (906) 875-0659. The 95B District Court can be foundonline.
Who Listens to a Small Claims Court Case in Iron County?
Small Claims Court cases do not use juries. Small Claims Court cases are only heard in front of an attorney magistrate or a judge. 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). Generally, attorney magistrates are used to hear small claims court cases.
Defendant’s Options in Small Claims Court Cases
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
Hearings in Iron County Small Claims Court
Plaintiff usually is given the first chance to present evidence. The defendant will then have the chance to present their side. If the plaintiff fails to appear at the hearing, the court can 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.
What is the maximum amount of money that a Small Claims Court can Award in Iron 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.
Can an attorney represent me in my Iron County Small Claims Court Case?
Small claims court does not allow parties to be represented by attorneys. 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 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). However, regular district court follows the normal rules of evidence and procedures which mean the dispute will likely take significantly longer to resolve.
Ruling After a Small Claims Court Hearing
The court may make a decision at the hearing after both sides presented their evidence. The court can also take the matter under submission. If this occurs, then the court will notify both parties of the outcome (usually through mail).
Iron County Small Claims Court Cases
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. During mediation, a mediator (which is an unbiased third party oftentimes with specific training on dispute resolution) will meet with both parties (separately or together) in the hopes of settling a case.