Small Claims at 52-1 District Court

• Affidavit and Claim, Small Claims (with instruction sheet) - DC 84
• Petition to Permit Substituted Service
• Small Claims Pamphlet-Collecting Your Money from a Small Claims Judgment - DC I84
• Demand and Order for Removal, Small Claims - DC 86
• Motion and Affidavit to Set Aside Default (Civil) - MC 99
• Voluntary Dismissal - MC 09
• Subpoena, Order to Appear and/or Produce - MC 11
• Motion and Affidavit for Installment Payments/To Amend Order for Installment Payments - MC 15
• Motion to Set Aside Order for Installment Payments - MC 16
• Certificate of Satisfied of Judgment - MC 17
• Request and Order to Seize Property - MC 19
• Claim of Appeal - MC 55
• Order for Administrative Closure Due to Bankruptcy - MC 300
• Order - MC 327
• Certificate of Request for Mailing

Additional Small Claims Forms can be found at the Michigan Courts website.

$20.00 fee required on All motions, 2nd summons, alternate service.

• $30: Claim is $600.00 and under
• $50: Claim is $600.01 - $1,750.00
• $70: Claim is $1,750.01 - $6,500.00

Please see service fees for the breakdown on having the defendant served.

Cash will not be accepted for payments. Make check or money order payable to one of the following court officers:

• Robert Bandy (for section #1)
• Chuck Wagner (for section #1 & #2)
• McPherson Legal Service (for section #2)

Service Fees

Note: Service arrangements may be available for certain cities not listed below:

• Dennis Allen -- Flint area: $71.00
• Listed fees are for each defendant.
• Service fee for a garnishment is $3.00 less than the fee listed above.

Below is a list of the commonly used Garnishment forms by the 52nd District Court, 1st Division - Civil Division:

• 52-1 Contact Information - MC505
• Request and Writ for Garnishment-periodic - MC12
• A Guide to Garnishment of Periodic Payments - Supplement to MC12 and MC14 - P-01
• Request and Writ for Garnishment-non-periodic - MC13
• Garnishee Disclosure - MC14
• Objections to Garnishment and Notice of Hearing - MC49
• Garnishment Release - MC50
• Request and Writ for Garnishment (income tax refund/credit) - MC52

Additional Garnishment Forms can be found at the Michigan Courts website.

If the defendant pays the total amount of the judgment, the plaintiff must immediately file a "Satisfaction of Judgment" form.

If the defendant completes the "Affidavit of Judgment Debtor" form and the information is not sufficient for collection, the plaintiff may obtain a "Discovery Subpoena". A Discovery Subpoena requires the defendant to appear at the court to be questioned or examined under oath about his/her assets. The cost is $15.00 for filing plus a service fee.

If you have reason to believe that a third party is holding money or owes money to the defendant, you may file an "Affidavit for Writ of Garnishment". The cost for filing is $15.00 plus a service fee.

A defendant's property, which is not exempt under the law, can be used to satisfy a judgment by filing a "Writ of Execution". The cost of filing is $15.00.

If your Small Claims case involves a traffic accident, ask the court clerk for details regarding suspension of the defendant's drivers license.

You will first need to know where the defendant lives and works, any other information which identifies the defendant and his/her property.

If you have the information described above, you can start the process by either filing an execution against property or a garnishment.

If you do not have any of the above information, you will need to order the defendant into court for questioning to try and find out information as to he/she assets. You can start this process by filing a discovery subpoena.

You must wait 21 days after your small claims judgment was signed before you can file a discovery subpoena. Go the Small Claims page and download the Subpoena - Order to Appear and/or Produce - MC11 form.

You must complete the front of the subpoena and the affidavit for judgment debtor examination on the back of the form. The court will schedule the hearing date and the judge must sign the subpoena before it is effective. Once the subpoena is signed, the defendant must be served a copy of the subpoena.

The subpoena can be served to the defendant by a deputy sheriff, sheriff, bailiff, appointed court officer, legally competent adult who is not a party or an officer of a corporate party or by certified mail, return receipt requested (You may utilize this court's process server - please see the Small Claims page for costs associated with this). The filing fee is $15.00 (make check payable to 52-1 District Court)

An order to seize property allows a court officer to seize property belonging to the defendant which can be sold to pay for your judgment.

You must wait 21 days after your small claims judgment was signed before you can file an execution against property. You must complete the request and order to seize property form. Go the Small Claims page and download the Request and Order to Seize Property - MC 19 form.

Once you have completed the form and filed it at the court, the judge must sign the form and after the judge signs the form, the service copies of the form are given to our court officer to be executed. Please visit our fees page for costs associated with this. The filing fee is $15.00 (make check payable to 52-1 District Court).

You must wait 21 days after your small claims judgment was signed before you can file a garnishment.

There are two types of garnishment: 1. periodic, and 2. non-periodic:

Periodic: garnishment is used to garnish the defendant's wages, rent payments, land contract payments, or other debt that is paid to the defendant on a periodic basis. The garnishment is valid for 91 days or until the judgment, interest and costs are paid off, whichever occurs first. Visit the Small Claims page and download the Request and Writ for Garnishment-Periodic - MC 12 form.

The filing fee is $15.00 (make check payable to 52-1 District Court)

Non-Periodic: garnishment used to garnish the defendant's bank account or other property. Once money has been garnished or you have been notified that there is not any money to be garnished, that garnishment is no longer valid. If there is a remaining balance on the judgment, you must get another writ to collect more money.

Visit the Small Claims page and download the Request and Writ for Garnishment-Non-Periodic - MC 13 form. Fill in the names and addresses of both defendant and the garnishee on the request part of the form. The garnishee is the person or business who has control or possession of the defendant's money. After you complete the form, you must file it with the clerk at the district court where you filed your small claims case.

The filing fee is $15.00 (make check payable to 52-1 District Court). Please visit our Small Claims page for costs associated with this.

You must also attached a $6.00 check made payable to the garnishee (person or business who has control or possession of the defendant's money) - this is a disclosure fee that is paid to the garnishee.

The garnishment must be served on the garnishee along with the disclosure form (if the garnishment is a periodic garnishment, attach the $6.00 check to the disclosure form) Please visit the Small Claims page for costs associated with this.

The garnishee has 14 days after the garnishment has been served to file a disclosure that tells you if any money is available.

If money is available, you will not receive any money until after 28 days from the date that the garnishee is served with a copy of the garnishment to allow the defendant time to file objections to the garnishment.

If the garnishment is for periodic payments, money will continue to be sent to you as payments become due until the garnishment expires.

This information attempts to explain briefly the procedures to collect your judgment. Clerks of the court will be happy to assist in the processing of your claim, but they are not attorneys and cannot give legal advice.

For further collection methods, please go to the Small Claims page and download the Collecting Your Money from a Small Claims Judgment - DCI84 form.

Before commencement of a trial, the plaintiff or defendant may, upon filing a demand, require that the trial be conducted before a district court judge and not a magistrate, or may remove the case from the small claims division to the general civil division of the district court. Go to the Small Claims Forms section and download the Demand and Order for Removal - DC86 form.

You must file your small claims in the court which has the venue (the court in which proceedings may be instituted) for the particular area where the defendant lives or where the action arose.

You can start a lawsuit against a sole proprietorship, partnership or corporation.

A corporation, sole proprietorship, or corporation as plaintiff or defendant may be represented by a full time employee who has direct and personal knowledge of the facts in dispute. Partnerships may be represented by a general partner.

Within a district court district a person can not file more than five (5) claims in the small claims division in one (1) week.

Once you have established the proper venue (the court in which proceedings may be instituted), you have to complete an Affidavit and Claim - DC84 form (see Forms Section).
To complete this form, you need to know:

• The defendant's (person that you are suing) correct name and address - (if you are suing a business, you must indicate whether it is a partnership or a corporation)
• Reasons for the claim
• The date the claim arose
• Amount of money claimed - (You may ask for court costs on the affidavit and claim by writing the amount of money claimed plus costs) (example: amount of money claimed, $35.00 plus costs) The Court will determine if costs will be awarded. (costs include the filing fee and service fee)
• You must sign the form in the presence of a deputy clerk or a notary public.
• Go to the Small Claims Forms section and download the Affidavit and Claim - DC84 form.
• Visit the Small Claims Fees section to find about costs associated with starting a case.

The Defendant (person being sued) must be served a copy of the Affidavit and Claim by a Deputy Sheriff, Bailiff, appointed Court Officer, legally competent adult who is not a party or an officer of a corporate party or by certified mail, return receipt requested, sent by the Court.  

To utilize one of the court’s appointed officers, please see the Civil page for their contact information. 

To have the court send a certified mailing, return receipt requested, you must pay the court outside of the MiFILE System.  This mailing will be sent to the Defendant’s address on the Affidavit filed.  You may pay in person via cash or credit/debit card. 

The current price for certified mailing is $19.00 per party.

When you file your small claims, the clerk will give you a hearing date approximately 30-45 days from the date of filing, depending on the docket.

Call the Court before your court date. In order to prevent an extra trip to the court on your hearing date, it is advisable to call the court the day before the hearing date to ensure that proper service was obtained.

Only for good cause shown will the court consider rescheduling your court date. Usually this requires to you contact the other party to the action and ask for their consent before you make the request to the court. This cannot be done by telephone, the proper paperwork must be filed.

Your case will be heard by an attorney/magistrate. The magistrate's decision can be appealed within seven (7) days from the date of the judgment. If the magistrate's decision is appealed, the case will be scheduled to be heard before the assigned Judge. Once the Judge makes a final decision, it is final and you have no right to appeal.

If the magistrate/judge renders a judgment in your favor, the court will prepare the appropriate judgment and the defendant will have 21 days from the date of the judgment to pay the amount of the judgment to you. The Court Does Not Collect The Judgment For You. If the defendant does not pay you within the 21 days from the date of the judgment, you may start collection procedures. Please click on the forms section for form, Collecting Your Money From A Small Claims Judgment - DCI84 to find out procedures on how to collect your money.

If you (the plaintiff) fail to appear for your hearing, the case will be dismissed. If the defendant fails to appear, a default judgment will be entered in your favor. The court will prepare the appropriate judgment. Both parties in these instances would have the right to file a motion to set aside the dismissal/default judgment within 21 days from the date the dismissal or the default judgment is signed. Visit the Small Claims Forms section and download the Motion and Affidavit to Set Aside Default (Civil) - MC99 form. If the motion is granted, a trial date could occur immediately following the outcome of the motion or a new trial date may be held.

If the lawsuit is settled before the hearing date, you must prepare a carbon pack "dismissal" form or four (4) copies of the form and submit the completed form to the court before the hearing date or submit a statement in writing to the court before the hearing date advising the court that the case has been settled and the hearing is not necessary. Go the Small Claims Forms section and download the Voluntary Dismissal - MC09 form.

A small claims judgment is valid for six (6) years from date of entry.

When you are paid in full, you must complete a satisfaction of judgment form and send it into the court.  This form can be found on our Small Claims Forms section and download the Certificate of Satisfied Judgment - MC17 form.

This information attempts to explain the procedures for filing a small claims case. Clerks at the courts will be happy to assist you in the processing of your claim, but they are not attorneys, and cannot give out legal advice.

If you require special accommodations to use the court because of disabilities, please contact the court immediately to make arrangements.