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). 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. Courts utilize both personal service and service by certified 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:
- Settling the case outside of court
- Removing or Transferring the Case to Regular District Court
- Appearing at the Small Claims Court Hearing
- Ignoring the case (and having the court issue a default at the hearing)
Leelanau County Small Claims Court Hearing Preparations
You should gather all evidence well before the date of the hearing. Evidence could include a contract, a purchase order, a receipt, pictures, or videos related to the case. 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.
Who Listens to a Small Claims Court Case in Leelanau County?
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. 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). In most instances, an attorney magistrate will hear your case.
What Happens at a Small Claims Court Hearing
The plaintiff will have the opportunity to present evidence first. The defendant presents his or her evidence once the plaintiff’s presentation of evidence is complete. 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.
Leelanau County Small Claims Court Cases
Leelanau County Small Claims Court Location
Leelanau County Small Claims Court cases are handled in the 86th District Court. 86th District Court
8527 E. Government Center Dr. Suttons Bay, MI 49682The phone number for Leelanau County District Court is: (231) 256-8250. The Leelanau County District Court can be found online here.
Leelanau County Small Claims Court Jurisdiction
A case should be filed in the district court where the defendant resides, where the defendant’s business is located, or where the transaction involved in the case 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. 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.
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. To do so, a party needs to complete and file a Demand and Order for Removal, Small Claims, in the court where the case is set to be heard. The document needs to be filed before the small claims court trial or hearing. The document can be found online.
Small Claims Court Case Types
Small claims court only handles civil cases where the amount in 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. Common types of cases handled in small claims court include the following:
- 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
The following cases cannot be filed in small claims court:
- Any intentional harm
- Assault and Battery
- Libel
- Slander
How do I file a Small Claims court case in Leelanau 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 86th 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. 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.
Are Attorneys Allowed in Small Claims Court in Leelanau County?
Small claims court does not allow parties to be represented by attorneys. 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 is the maximum amount of money that a Small Claims Court can Award in Leelanau County?
Small Claims courts 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. 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.
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 occurs, then the court will notify both parties of the outcome (usually through mail).
Settling a Case Without a Small Claims Court Trial
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. 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.