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How do I take someone to small claims court? Do you have to send them a subpoena? How do you go about doing that? Howe much does it cost in Michigan?

2006-12-20 04:29:55 · 7 answers · asked by Anonymous in Politics & Government Law & Ethics

7 answers

"When you are suing someone for $3,000 or less, your case can be heard in Small Claims Court. Small claims court is a division of the district court. Your case may be heard by a judge or a magistrate.
In small claims cases, the parties represent themselves. You cannot have an attorney present your case. In addition, the judge's decision is final and cannot be appealed. If either party objects to these conditions, the case will be transferred to the district court for a hearing.

If you are the one filing the case, you are called the plaintiff, and the person or business you are suing is called the defendant. Small claims cases should be filed either in the county where the cause of action arose or in the county where the defendant resides.

To start the case, the plaintiff must file an "affidavit and claim form" with the clerk of the small claims court. This form is available from the small claims court.

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The cost of filing your lawsuit in Small Claims court is $17.00 for claims up to $600, and $32.00 for claims from $600 to $3,000. The plaintiff is responsible for paying the filing fee and other fees. If the judge rules in favor of the plaintiff, the fees may be added to the judgment against the defendant.

It is important to realize that if a money judgment is ordered by the judge, the defendant may not automatically pay the money and court costs to the plaintiff. You may have to take additional steps to obtain your money. One of the easiest ways to collect is to garnish the defendant's wages or bank account. Garnishments are addressed in item 33 of the menu.

Many courts are offering mediation as an alternative to filing a small claims case. You may want to contact the small claims clerk to see if a mediation program is available in your community."

http://courts.michigan.gov/scao/courtforms/smallclaims/scindex.htm

2006-12-20 04:36:52 · answer #1 · answered by WelshKiwi 3 · 1 1

Contact the clerk of the county court in your area. They will give you the forms and a booklet explaining what you need to do.

Be very clear stating what happened, what this cost you, and how much is needed to compensate you. Small claims courts rarely give anything other than actual loses, though they may add up to $500 for your time and inconvenience.

Note that even if you get a judgement, a lot of people don't pay, and it's even more work to get a lien on their property or an order to garnish their wages. You may end up with nothing but a lot of time lost.

2006-12-20 06:28:28 · answer #2 · answered by Anonymous · 0 0

Assuming you're interior the united kingdom, the respond is as follows. there's no such element through fact the small claims courtroom. There are small claims, that are dealt with interior the county courtroom alongside with different claims, yet there's no particular or diverse courtroom. Small claims (below £5k or £1k if own injury) is a sort of dispute decision. There are no longer any expenditures presented (save for the courtroom fee for the claimant of £sixty 5) and for this reason the contract value is very intense. i'm afraid that think approximately to forget approximately approximately any solutions (little question nicely-intentioned) that propose any share determine of fulfillment through fact they are completely made up (whoops! fairly some thumb-downs for me!). The DCA do no longer save stats of fulfillment for the two claimants (or defendants) so no-one knows how many win or lose. i've got been a criminal expert for 15 years and that i don't understand so i'm involved to verify the useful assertions above and the place those come from. The small claims technique facilitates people to convey modest claims in the past a decide without the phobia of huge criminal expenditures. It additionally facilitates defendant's to take care of in any different case good claims without the phobia of huge criminal expenditures - so it quite is not a one-way highway. So in case you have a good declare, provide it a pass - all you lose is your courtroom difficulty fee and an afternoon putting 'around at courtroom. wish this facilitates

2016-10-15 07:42:34 · answer #3 · answered by Anonymous · 0 0

Your best bet is to call the Court House. The should be able to give you the proper sequece to prepare a claim in your State.

2006-12-20 04:34:28 · answer #4 · answered by peacfulwar 3 · 1 0

im from scotland and a friend of mines borrowed well 20 pounds then another and another 20 pound s. just before christmas 2015 . ask me for a loane of 100 hunderd pounds wich i did . ive ask so many times to pay me but keeps saying money stop as it was of my disability money i get to help her out for christmas . ive told her i take her to court plus she pay for the court case as she has said to me today take me to court . so i am but dont know how to

2015-05-22 03:38:26 · answer #5 · answered by kevin 1 · 0 0

do a search for the court in your county. on their webpage there should be information on how to start a case against someone and how much the filing fees are.

2006-12-20 05:03:46 · answer #6 · answered by orzoff 4 · 1 0

Go down to your local courthouse. A registrar there can provide you with the forms, advise you of the process and price.

2006-12-20 05:08:18 · answer #7 · answered by elysialaw 6 · 1 0

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