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 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.
Settling a Small Claims Court
Oftentimes the court may try to settle a court case without a 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.
What kind of cases can be filed in small claims court?
Civil cases where a party is seeking $6,000 or less can be filed in small claims court. Money is the only remedy a party can ask for 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. Here are some examples of common types of small claims court cases:
- 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
- Slander
- Libel
- Any action based on intentional harm or damages
Ottawa County Small Claims Court Hearings
The plaintiff will have the opportunity to present 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. 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.
Who Hears My Case in Ottawa County Small Claims Court
Small Claims Court cases do not use juries. Cases in small claims court are heard by either a district judge or an attorney magistrate. 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). Due to judicial funding, oftentimes, an attorney magistrate is used to hear a large portion of small claims court cases.
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. The court may also take the case under submission (and rule at a later time). If a matter is taken under submission, the court will notify both parties of the ruling (likely through mail).
Can an attorney represent me in my Ottawa County Small Claims Court Case?
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 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.
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. Moving the case to regular district court means the normal rules of evidence and discovery apply meaning the case will take much longer to resolve. 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.
What is the maximum amount of money that a Small Claims Court can Award in Ottawa County?
A small claims court in Ottawa 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. 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.
How to File a Small Claims Court Case in Ottawa County
The forms for a plaintiff to fill out to begin a small claims court case can be found here. Once filled out, the plaintiff needs to file the form with the 58th District Court clerk. The plaintiff will also have to pay a filing fee when filing a case. 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 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). Once the case has been filed, the clerk should provide you with the 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. Along with the court case number, the clerk should provide you with the location, date, and time of the hearing for your case.
Ottawa County Small Claims Court Cases
Small Claims Court Locations in Ottawa County
58th District Court handles small claims court cases in Ottawa County. 58th District Court is located at:
85 West Eighth Street Holland, MI 49423The phone number for Ottawa County District Court is: (616) 392-6991. The District Court can be found online here.
Preparing for a Hearing in Small Claims Court
Both parties should gather all evidence well before the hearing. Evidence could include a contract, a purchase order, a receipt, pictures, or videos related to the case. 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). 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.
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. If a plaintiff files in the wrong district court, it will postpone your case being heard and may result in you paying multiple filing fees or even having the incorrectly filed case being dismissed by the court. The court staff of the 58th 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.
Defendant’s Options in Small Claims Court Cases
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)