Monroe County Small Claims Court Hearings
Plaintiff usually is given the first chance to present evidence. The defendant will then have the chance to present their side. The court may dismiss the case if the plaintiff fails to appear. If the defendant does not appear at the hearing, the court may issue a default judgment based on the evidence that the plaintiff presents.
Monroe County Small Claims Court
1st District Court handles Small Claims court cases in Monroe County. Small Claims court is a special type of court with a purpose of allowing people to settle their disputes over money without the use of attorneys or lawyers. Small claims court is designed so that a normal person (non-lawyer) can successfully use the court to hear their case. Attorneys cannot represent parties in small claims court. A party does not need an attorney in small claims court (but can obviously consult with or talk to an attorney about their case if they want). A party simply states the case in their own words. Small claims court is a special division of 1st District Court. District courts also handle other criminal and civil cases, in addition to small claims court.
Court’s Ruling in a Small Claims Court Case
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 happens, the court will probably notify the parties through mail.
Filing a Small Claims Court Case in Monroe County
The forms for a plaintiff to fill out to begin a small claims court case can be found here. 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 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. 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). Along with the court case number, the clerk should provide you with the location, date, and time of the hearing for your case.
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 (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. Usually, these are the most common types of cases filed and heard in small claims court:
- Traffic Collisions
- Tenant and landlord disputes over a security deposit
- Cases concerning contractual terms, performance, and payment
The following cases cannot be filed in small claims court:
- Assault and Battery
- Any action based on intentional harm or damages
How is a Defendant served in a Small Claims Court Case?
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 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 Locations for Small Claims Court Cases in Monroe County
1st District Court handles small claims court cases in Monroe County. 1st District Court is located at:
The phone number for Monroe County District Court is: (734) 240-7075. The District Court can be found online here.
Monroe 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. 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. The court staff of the 1st 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.
Are Attorneys Allowed in Small Claims Court in Monroe County?
Parties are not allowed to be represented by attorneys in small claims court. Neither side is allowed to have an attorney represent them. Each side is required to represent himself or herself in front of the court. Either side can request that the case be removed to regular district court (which means either side could then be represented by 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.
How Much Money Can a Party Sue for in Small Claims Court?
A small claims court in Monroe 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. But, if the plaintiff does so, he or she gives up the right to recover anything more than that amount. Additionally, the plaintiff is precluded from filing another case to ask for the amount above the threshold.
Is a Jury Available in a Monroe County Small Claims Court Case?
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. An attorney magistrate is an attorney who has been appointed by the court to assist with certain types of cases and legal actions. Due to judicial funding, oftentimes, an attorney magistrate is used to hear a large portion of small claims court cases.
Option for a Defendant After Being Sued in Small Claims Court
A defendant has the following options after being sued in small claims court:
- 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)
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. 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 form can be found here.
Preparing for a Hearing in Small Claims Court
You should gather all evidence well before the date of the hearing. This could include copies of contracts, purchase agreements, checks, photographs or videos. Both sides will be given the opportunity to present their case. You should write out or prepare what you plan on saying ahead of time. Also, if there are any witnesses besides yourself who have information that would support your position, you should arrange to have them present at the hearing so they can present testimony to the court.
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.