52-2 District Court Small Claims

Below is a list of the commonly used Garnishment forms by the 52nd District Court, 2nd Division - Civil Division:

• Request and Writ for Garnishment-periodic - MC12
• 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.

Below is a list of the commonly used Small Claims forms by the 52nd District Court, 2nd Division - Civil Division:

• Affidavit and Claim, Small Claims (with instruction sheet) - DC84
• Demand and Order for Removal, Small Claims - DC86
• Motion and Affidavit to Set Aside Default (Civil) - MC99
• Voluntary Dismissal - MC09
• Subpoena, Order to Appear and/or Produce - MC11
• Motion and Affidavit for Installment Payments/To Amend Order for Installment Payments - MC15
• Certificate of Satisfied Judgment - MC17
• Request and Order to Seize Property - MC19
• Claim of Appeal - MC55
• Proof of Mailing - MC302
• Order - MC327

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

• $30: Claim is $600.00 and under
• $50: Claim is $600.01 - $1,750.00
• $70: Claim is $1,750.01 - $7,000.00

If the defendant pays the total amount of the judgment, the plaintiff must immediately file a Satisfaction of Judgment form (MC17).

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 plus a service fee.

Before commencement of a trial, the plaintiff or defendant may file a Demand and Order for Removal, to request moving the case from the small claims division to the general civil division of the District Court.

Download Demand and Order for Removal - DC86

You must file your small claims case 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 division, a person cannot 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.

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 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.
• 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) has to be served with a copy of the affidavit and claim 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. Contact the process server directly regarding service fees.

When you file your small claims case, 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 a 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 21 days from the date of the judgment, you may start collection procedures. Please refer to Collecting Your Money from a Small Claims Judgment - DCI84 to find out procedures on how to collect your money.

If the lawsuit is settled before the hearing date, you must prepare a dismissal form and submit the completed form via MIFile to the court prior to the scheduled hearing date. 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 form and submit it via MIFile to the court. Download the Satisfaction of 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.