How to File a Small Claim in Macomb County

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Area of Law: 

A small claims court is one where you can file any minor disputes. A small claims court handles all minor disputes that involve small amounts of money, usually $5000. Anything forms of dispute from a landlord who refuses to pay up the tenants deposit to a car mechanic not getting his dues are heard in this court. You have to file in a district court in your state that is appropriate. You have to file the case either where the defendant lives or where the dispute has occurred. If you have not filed the case in the right court, then the defendant might move the case to the proper district or may even get the case dismissed.

 

Filing in a small claims court in Macomb County, Michigan:

Michigan has nearly 100 district courts. Look up the Macomb County court and file your case in the small claims court or district court there. In Michigan, you can file in small claims court for claims of $3000 or less. If the person who is filing the case, called the plaintiff, wins the case, then the judge will order all expenses including the costs of filing and services in the judgement. The plaintiff will have to be 18 years of age or above. A lawyer is not required in a small claims court. In Michigan too, you may represent yourself in the hearing without the prior knowledge of the law. If you are looking for a lawyer to help you with your claim, here is a good place to start: http://lawyers.justia.com/lawyers/michigan/macomb-county.

 

You will have to pick up the form at the court and also pay a small fee for the same. You will have to give in details such as your name, the defendant’s name, address of both, the dispute, and all other things in a detailed manner. In Michigan, this form is called the Affidavit and Claim. Click here for an online copy - http://www.michiganlegalaid.org/library_client/automated_court_forms/html_view.

 

Once you have duly filled this form, you will have to sign the form in front of the court clerk. You will have to fill up a different Affidavit and claim form for each defendant. You will also need to pay the court clerk a small fee. This ranges with the amount of money for which you are suing. The court fee is $25 if your claim is $600 or less; $45 for claims over $600 but less than $1,750 and so on. The cost of mailing and personal service is added extra. You can find all information here - http://www.macombcountymi.gov/district_court/smallclaims.htm