Can an attorney represent me in my Wexford County Small Claims Court Case?
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 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 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.
Settling a Case Without a Small Claims Court Trial
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 Wexford 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 84th District Court clerk. When submitting the filing, the plaintiff will need to pay a filing fee. 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). Along with the court case number, the clerk should provide you with the location, date, and time of the hearing for your case.
Ruling After a Small Claims Court Hearing
The court may make a decision at the hearing after both sides presented their evidence. Or, the judge or magistrate might take the matter under submission. If this happens, the court will probably notify the parties through mail.
Wexford County Small Claims Court
Small Claims Court Case Removal to District Court
Removal is the legal name for transferring the case from small claims court to regular district court (which allows either side to be represented by an attorney and removes the $6,000 limit of small claims court). Removal to district court means the normal rules and procedures apply including specifically procedures related to the presentation of evidence and discovery process. A request for removal may be made by either the plaintiff or the defendant. In order to do this, a party needs to complete and file a Demand and Order for Removal, Small Claims with the court clerk. This must be filed before the hearing starts, but can actually be filed the day of the hearing or anytime before the hearing. The Demand and Order for Removal is available on a website.
Wexford County Small Claims Court Location
Wexford County Small Claims Court cases are handled in the 84th District Court. 84th District Court
Wexford County Courthouse 437 E. Division St. Cadillac, MI 49601The phone number for Wexford County District Court is: (231) 779-9515. The 84th District Court can be foundonline.
Option for a Defendant After Being Sued in Small Claims Court
A defendant has the following options after being sued in small claims court:
- 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
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 the plaintiff and the defendant will have a chance to present their side of the case to the court. 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.
What kind of cases can be filed in small claims court?
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 (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. Common types of cases handled in small claims court include the following:
- 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
Who Listens to a Small Claims Court Case in Wexford County?
Juries are not allowed in small claims court cases. 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. In most instances, an attorney magistrate will hear your case.
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 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. Service can be made by either certified mail or in person.
Hearings in Wexford County Small Claims Court
The plaintiff will have the opportunity to present evidence first. The defendant will then have the chance to present their side. If the plaintiff does not show up for the hearing, the court will likely 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.
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. The location of the filing is often 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. District court staff is prohibited by law from providing you legal advice, but we do recommend contacting them to confirm that the district court’s geographical jurisdiction covers the area where your case occurred.
What is the maximum amount of money that a Small Claims Court can Award in Wexford County?
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. Additionally, the plaintiff is precluded from filing another case to ask for the amount above the threshold.