Who Listens to a Small Claims Court Case in Washtenaw County?
Juries are not allowed in small claims court cases. A small claims court case is heard by either a judge or an attorney magistrate. Attorney magistrates are attorneys who have been appointed by the court to handle certain legal matters. In most instances, an attorney magistrate will hear your case.
Washtenaw County Small Claims Court Hearing Preparations
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. You should write out or prepare what you plan on saying ahead of time. You should also try and arrange for any witnesses which support your position to be present in court at the hearing to present testimony.
Settling a Case Without a Small Claims Court Trial
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. 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.
Where Should a case be filed?
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. Where the case is filed is 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 14A 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.
Court Locations for Small Claims Court Cases in Washtenaw County
Small Claims Court cases in Washtenaw County are handled in the 14A District Court. 14A District Court
415 W. Michigan Ave. Ypsilanti, MI 48197The phone number for Washtenaw County District Court is: (734) 484-6690. The 14A District Court can be foundonline.
Can I have an attorney Represent me in Small Claims Court?
Small claims court does not allow parties to be represented by attorneys. Neither the plaintiff or defendant is allowed to have an attorney represent them in the case. Each side is required to represent themselves in front of the judge or magistrate. 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 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.
What Happens at a Small Claims Court Hearing
The plaintiff will have the opportunity to present evidence first. The defendant presents their side of the case after the plaintiff. The court may dismiss the case if the plaintiff fails to appear. 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.
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:
- 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
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. 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 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 document needs to be filed prior to the small claims court trial or hearing and can actually be filed the same day (so long as it is before the hearing starts). The form can be found here.
Small Claims Court Case Types
Small Claims court handles civil cases where the amount in controversy (or 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:
- 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:
- Assault and Battery
- Slander
- Libel
- Any action based on intentional harm or damages
How do I file a Small Claims court case in Washtenaw 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 14A 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 award the filing fee to the plaintiff as part of the costs of the action. 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. The clerk should also provide you with the date, time, and location of the hearing.
Will a Decision be made at the Hearing?
The court can make a decision at the time of the hearing (after both sides have presented their case). The court can also take the matter under submission. If this happens, the court will probably notify the parties through mail.
Service of a Defendant in Small Claims Court
Once the case is filed, the court will attempt to provide the defendant with proper notice of the case by giving the defendant a copy of the Affidavit and Claim form initially filled out by the plaintiff. 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. The court uses personal service or certified mail to provide proper notice to the defendant.
Washtenaw County Small Claims Court Cases
How Much Money Can a Party Sue for in Small Claims Court?
Small Claims courts 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. However, if you do, the plaintiff loses the right to any amount over $6,000. The plaintiff is also precluded from suing again based on the same case after the case has been decided.