What kind of cases can be filed in small claims court?
Small claims court only handles civil cases where the amount in dispute is $6,000 or less. A party can only ask for money 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:
- 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:
- Any intentional harm
- Assault and Battery
- Libel
- Slander
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.
What is the maximum amount of money that a Small Claims Court can Award in Isabella 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. However, if you do, the plaintiff loses the right to any amount over $6,000. The plaintiff is also precluded from suing again based on the same case after the case has been decided.
Jurisdiction of Isabella 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. 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. 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.
Court’s Ruling in a Small Claims Court Case
The magistrate or judge could make a decision at the hearing after the presentation of evidence. Or, the judge or magistrate might take the matter under submission. If this happens, the court will probably notify the parties through mail.
Option for a Defendant After Being Sued in Small Claims Court
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
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 defendant learns of the lawsuit and when the case will be heard. Courts utilize both personal service and service by certified mail.
Small Claims Court Locations in Isabella County
Small Claims Court cases in Isabella County are handled in the 76th District Court. 76th District Court is located at:
300 N. Main St. Mt. Pleasant, MI 48858The phone number for Isabella County District Court is: (989) 772-0911. The 76th District Court can be foundonline.
Isabella County Small Claims Court
How do I file a Small Claims court case in Isabella County?
The plaintiff needs to fill out a form to file a case in small claims court which can be found online. The form needs to be filed with the court clerk. The plaintiff will also have to pay a filing fee when filing a case. 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 award the filing fee to the plaintiff as part of the costs of the action. Once the case is filed, the court clerk should 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. The clerk should also provide you with the date, time, and location of the hearing.
Hearings in Isabella County Small Claims Court
The plaintiff presents his or her evidence first. 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. The court may enter a default judgment is the defendant fails to appear at the hearing.
Who Hears My Case in Isabella County Small Claims Court
Juries are not available for a small claims court case. A small claims court case is heard by either a judge or an attorney magistrate. Attorney magistrates are attorneys who have been appointed by the court to handle certain legal matters. Due to judicial funding, oftentimes, an attorney magistrate is used to hear a large portion of small claims court cases.
Settling a Small Claims Court
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.
Preparing for a Hearing in Small Claims Court
Before the hearing, parties should gather all documents, papers, and other evidence related to the case. Evidence could include a contract, a purchase order, a receipt, pictures, or videos related to the case. Both the plaintiff and defendant will have the chance to present evidence to the court. You should write out or prepare what you plan on saying ahead of time. You should also try and arrange for any witnesses which support your position to be present in court at the hearing to present testimony.
Small Claims Court Case Removal 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. 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. 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 document can be found online.