Osceola County Small Claims Court Cases
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 this occurs, then the court will notify both parties of the outcome (usually through mail).
Where Should a case be filed?
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. Where the case is filed is 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.
Small Claims Court Case Types
Civil cases where a party is seeking $6,000 or less can be filed in small claims court. A party can only ask for money in small claims court. 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:
- 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
Is there a Monetary Limit for Small Claims Court Cases in Osceola County?
Small Claims courts cannot award more than $6,000 to a party. 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. The plaintiff is also precluded from suing again based on the same case after the case has been decided.
Settling a Small Claims Court
Frequently, a court may attempt to resolve a case without an actual hearing. Mediation is the tool that a court may try to use to settle a case. In mediation, a mediator will meet with both parties, discuss the case, and try and work towards an agreement that both sides can live with in the hopes of resolving the case without a trial.
Small Claims Court Locations in Osceola County
Osceola County Small Claims Court cases are handled in the 77th District Court. 77th District Court is located at:
Osceola County Courthouse Annex 410 W. Upton Reed City, MI 49677The phone number for Osceola County District Court is: (231) 832-6155. The 77th District Court can be foundonline.
What Happens at a Small Claims Court Hearing
Plaintiff usually is given the first chance to present evidence. The defendant presents his or her evidence once the plaintiff’s presentation of evidence is complete. 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.
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 includes any contracts, written agreements, receipts, photographs, or videos that involve the subject matter of your case. Both sides will be given the opportunity to present their case. It is advised that you write out what you plan on saying to the court about your case in advance (to help focus in on what is really important). 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.
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. Either party can request to move the case out of small claims 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 Demand and Order for Removal is available on a website.
Defendant’s Options in Small Claims Court Cases
Once a defendant has been served, the following options are available:
- Removing the case to Regular District Court
- Appearing at the Court Hearing
- Ignoring the Case (which may end up in a court issuing a default judgment against you)
- Settling the Case
Serving the Defendant 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 how the defendant learns of the lawsuit and when the case will be heard. Courts utilize both personal service and service by certified mail.
Who Hears My Case in Osceola County Small Claims Court
Juries are not available for a small claims court case. Cases in small claims court are heard by either a district judge or an attorney magistrate. Attorney magistrates are attorneys who have been appointed by the court to handle certain legal matters. Generally, attorney magistrates are used to hear small claims court cases.
How do I file a Small Claims court case in Osceola County?
A party wishing to file a small claims court case needs to complete a form(print out and complete). Once completed, the form needs to be filed with the 77th District Court clerk. Along with the filing, the plaintiff must pay a filing fee which varies based on the amount of the claim. The filing fees 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.
Can an attorney represent me in my Osceola County Small Claims Court Case?
Parties are not allowed to be represented by attorneys in small claims court. Neither the plaintiff nor defendant can be represented by an attorney in small claims court. Each side is required to represent himself or herself in front of the court. 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 disadvantage to this is that district court uses normal rules of discovery and presentation of evidence which means the case will take much longer to reach a conclusion.