Sanilac County Small Claims Court
Can an attorney represent me in my Sanilac County Small Claims Court Case?
Small claims court does not allow parties to be represented by attorneys. Neither the plaintiff nor defendant can be represented by an attorney in small claims court. 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.
Removal of a Small Claims Court Case to 73A 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. 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 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. 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.
Court Locations for Small Claims Court Cases in Sanilac County
73A District Court handles small claims court cases in Sanilac County. 73A District Court is located at:
Sanilac County Courthouse 60 West Sanilac Avenue Sandusky, MI 48471The phone number for Sanilac County District Court is: (810) 648-3250. The Sanilac County District Court can be found online here.
Sanilac County Small Claims Court Hearing Preparations
Both parties should gather all evidence well before 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. 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.
What Options does a Defendant have in Small Court Cases?
A defendant has the following options after being sued in small claims court:
- 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
Who Hears My Case in Sanilac 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 is a Defendant served in a Small Claims Court Case?
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 must pay for this cost of service. 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.
Is there a Monetary Limit for Small Claims Court Cases in Sanilac 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 the plaintiff believes is worth more, the case can still be filed in small claims court. If they do, the party waives their right to recover any amount above six thousand. Additionally, the plaintiff is precluded from filing another case to ask for the amount above the threshold.
Resolving a Case without a Hearing
Frequently, a court may attempt to resolve a case without an actual hearing. 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.
How do I file a Small Claims court case in Sanilac County?
A party wishing to file a small claims court case needs to complete a form(print out and complete). The form needs to be filed with the court clerk. When submitting the filing, the plaintiff will need to pay a filing fee. Filings fees for small claims court cases 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. The clerk should also provide you with the date, time, and location of the hearing.
Hearings in Sanilac County Small Claims Court
Plaintiff usually is given the first chance to present evidence. The defendant will then have the chance to present their side. If the plaintiff fails to appear at the hearing, the court can dismiss the case. If the defendant does not appear at the hearing, the court may issue a default judgment based on the evidence that the plaintiff presents.
Jurisdiction of Sanilac County Small Claims Court
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. The court staff of the 73A 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.
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. 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:
- Fraud
- Libel
- Slander
- Assault and Battery
- Any Intentional Harm or Damage
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 may also take the case under submission (and rule at a later time). If this happens, the court will probably notify the parties through mail.