michigan small claims court rulesboiling springs, sc school calendar
required. You should keep this court case number handy as it will help you identify your case when you speak with court staff or complete paperwork associated with your case. Who hears the claims in small claims court? Before the hearing, parties should gather all documents, papers, and other evidence related to the case. Small claims provides a forum that allows for resolving money disputes of up to $6,000.00. In small claims you give up You can sue in small claims court for the part of the damages that are not covered by your insurance policy, but the limit on the amount of money you can get in small claims court is $400 not $3,000. An individual, or group, can either file a new claim or join an existing one, depending on the circumstances of a case. This includes any contracts, written agreements, receipts, photographs, or videos that involve the subject matter of your case. The court can only award A party does not need an attorney in small claims court (but can obviously consult with or talk to an attorney about their case if they want). Usually, these are the most common types of cases filed and heard in small claims court: The following cases cannot be filed in small claims court: The court will provide a copy of the Affidavit and Claim that you filed to the Defendant. In the regular court, an attorney can file the claim and appear in place of the litigant, unless in cases where a clients testimony is required. The fees for filing a small claims court case are: If the plaintiff prevails in the case, the court may award the filing fee to the plaintiff as part of the costs of the action. A Small Claims suit may be started by: 1.Purchasing a Small Claims Affidavit form or downloading the form in its entirety ( link to SCAO forms ) 2.Completing the Affidavit (every line and box must be completed) 3.Filing the Affidavit along with the appropriate filing and service fees on the 2 nd Floor Civil Division, 36 th District Court 421 . you. This process is also known as the class certification. and must be requested within 91 days of filing a motion, after service of process to the defendant(s) has taken place or the statutory period for service is expired. It is important to realize that if a money judgment is ordered by the judge, the defendant might not automatically pay the money and court costs to the plaintiff. Records that are considered public may be accessible from some third-party websites. P. 23 and Rule 3.501, respectively. Generally, attorney magistrates are used to hear small claims court cases. Motion for Reconsideration Form. Chapter 1. One of the ways to collect is to garnish the defendant's wages or bank account. MICHIGAN COURT RULES OF 1985. Litigants may subpoena witnesses, testify, and present evidence to support their claims. If this happens, the court will probably notify the parties through mail. Cases that are certified move to the discovery phase (exchange of evidence and documents) and may be settled by negotiation without a trial or with a trial. 66th District Court handles small claims court cases in Shiawassee County. Additionally, the plaintiff is precluded from filing another case to ask for the amount above the threshold. You have the responsibility of pursuing the matter. Typically, these cases begin when individuals or businesses who cannot resolve their disputes through mediation or settlement file a petition in the small claims division of the District Court, also known as the Small Claims Court. Rule 4.306 - Removal to Trial Court. Neither the plaintiff not the defendant need to know anything about the law in order to utilize small claims court. court cannot exceed $6,500.00. Parties are required to submit their documents to the Tribunal and the other party at least 21 days before the scheduled hearing date, as provided by TTR 287. The plaintiff also cannot file an additional case based on the same case to recover the excess amount. This includes any contracts, written agreements, receipts, photographs, or videos that involve the subject matter of your case. Only persons filing in the general civil division of the District Court have the right to be represented by a lawyer in Michigan. In Michigan, the small claims court cannot award more than $6,000 to a party. Court's Ruling in a Small Claims Court Case The court may make a decision at the hearing after both sides presented their evidence. Informality of Hearing (A) Procedure. If a magistrate hears your case you can appeal within seven days of judgment. . If a case is filed in the wrong location, it will delay your case being actually decided and may result in having to pay a second filing fee or having the case dismiss your first case. 77th District Court is located at: The phone number for Mecosta County District Court is: (231) 592-0799. However, regular district court follows the normal rules of evidence and procedures which mean the dispute will likely take significantly longer to resolve. You may have a In Michigan, the small claims court cannot award more than $6,000 to a party. If you are successful in obtaining a judgment, you are not assured 77th District Court handles small claims court cases in Mecosta County. The document needs to be filed before the small claims court trial or hearing. You can't have a jury in a Small Claims case. for money damages in Small Claims court, up to $6,500.00. SMALL CLAIMS. Rule 4.302 - Statement of Claim. It is advised that you write out what you plan on saying to the court about your case in advance (to help focus in on what is really important). If a plaintiff filed a case in small claims court that is worth more than six thousand dollars, the plaintiff can still choose to file the case in small claims court. 77th District Court is located at: Mecosta County Building. youtube. The settlement shall be filed with the clerk and upon approval of the court it shall be entered in the small claims judgment docket and shall have the same effect as a judgment of the court. You may have to take additional steps to obtain your money. Attorney magistrates are attorneys who have been appointed by the court to handle certain legal matters. Courtrecords.org is a privately owned, independently operated resource for public records. 2022 County of Saginaw, Michigan.All rights reserved. Small claims cases should be filed either where the cause of action arose or where the defendant resides or is employed. The Michigan Courts handle these actions per the provisions of MCL Rule 3.501. . Although it is called small claims court, it is a division of the 77th District Court. Often, the defendant is a company accused of perpetrating an injury on multiple parties. This fee is a percentage of any settlement money occurring from the lawsuit, which must be approved by the judge. Court Records | MichiganCourtRecords.us. This form is available from the court. General Provisions. Section 600.8418: Section: Judgments; certification. A petitioner must pay the filing and services fees for a claim or request a waiver from the court with the Affidavit and Order, Suspension of Fees/Costs Form (MC 20).. Filing fees are uniform across the courts but vary by the dollar amount recoverable in damages: In cases where a plaintiff succeeds in a petition, the judge may order the defendant to reimburse the plaintiff for the filing fee. When the claim involves money amounting to $6,500 or less in controversy, it is a small claims case and can be filed in the Michigan District Court or the District Court itself. 66th District Court handles small claims court cases in Shiawassee County. Removing the case to regular district court allows both parties to be represented by attorneys but also removes the $6,000 limit. Small Claims court handles civil cases where the amount in controversy (or dispute) is $6,000 or less. However, in the Small Claims Court, litigants need only describe the reason for litigation in front of a magistrate or judge, who will then make a ruling based on the facts presented. Code 33-34 et seq. Once the case is filed, the court clerk should provide you with a court case number. Small claims court handles simple cases and can only award up to $6,500 in monetary damages. as provided by MCL 205.753 and the Michigan Rules of Court. If the judge rules in favor of the plaintiff, the fees may be added to the judgment against the defendant. Although it is called small claims court, it is a division of the 66th District Court. 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There are no lawyers or jury trials in the small claims court system. (A) Demand. Usually, this happens when out-of-court dispute resolution methods such as mediation fail to work. 10th District Court is located at: Calhoun County Justice Center 161 E. Michigan Ave. Battle Creek, MI 49014 The phone number for Calhoun County District Court is: (269) 969-6726. 66th District Court is located at: The phone number for Shiawassee County District Court is: (989) 743-2395. Service can be made by either certified mail or in person. Skip to Main Content Residents Things to Do Business Government I Want To. The Small Claims Courts in Michigan hear civil cases that do not exceed $6,500 in monetary damages. Before trial, plaintiffs or defendants have the right to remove their cases from the small claims division to the general civil division of the District Court and have their cases heard by a District Court judge. You should also try and arrange for any witnesses which support your position to be present in court at the hearing to present testimony. Small Claims Court cases do not use juries. Keep in mind that the procedures outlined in this manual may be subject to . Service is how the defendant learns of the lawsuit and when the case will be heard. Mediation is the method by which a court tries to settle a case without a hearing or trial. Once completed, the form needs to be filed with the 77th District Court clerk. While court staff cannot provide legal advice, it is recommended you contact the court clerk of the District Court to confirm that the courts jurisdiction covers the geographic area needed for your case. The District Court can be found online here. Small claims petitions can be filed in the small claims division or general civil division of the Michigan District Court. Mecosta County Small Claims CourtSmall Claims court cases in Mecosta County are filed in the 77th District Court. When a magistrate decides a small claims case, any party to the case (plaintiff or defendant) can appeal the decision within seven days. right to an appeal beyond this court. The 77th District Court handles other types of civil cases along with criminal cases. A party may demand that the action be removed from the small claims division to the trial court for further proceedings by. The disadvantage to this is that district court uses normal rules of discovery and presentation of evidence which means the case will take much longer to reach a conclusion. Oftentimes the court may try to settle a court case without a hearing. The defendant presents their side of the case after the plaintiff. You will need a letter from the insurance company stating that the defendant is not insured. A case should be filed in the district court where the defendant resides, where the defendants business is located, or where the transaction involved in the case occurred. To remove the case, you must file a Demand and Order For Removal, Small Claims in the court where the case was filed before the hearing starts. While court staff cannot provide legal advice, it is recommended you contact the court clerk of the District Court to confirm that the courts jurisdiction covers the geographic area needed for your case. Small Claims Court Filing a Suit in Small Claims Court If you have a dispute with a person or business that you cannot resolve through mediation, you can file a claim against them in the Small Claims Division of District Court. Michigan Tax Tribunal: Small Claims Division From the Michigan State Department of Consumer and Industry Services. Due to the size of plaintiffs and the intricacy of these cases, most class action cases are filed with the Federal District Courts in Michigan. A party can only ask for money in small claims court. There is no fixed limit for the length of time in which these cases can be resolved. A party wishing to file a small claims court case needs to complete a form(print out and complete). You should write out or prepare what you plan on saying ahead of time. Telephonic Request Form. The court may dismiss the case if the plaintiff fails to appear. 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. 400 Elm Street. Depending on the court, a case will either be regulated by state or federal law or court rules. In Michigan, you can sue for up to $3,000 in the Small Claims Division of the District Court, per Section 600.8401. collecting may depend upon whether the other party has the money to pay To start the case, you must file an Affidavit and Claim Form with the District Court. While an appointed officer or employee with such knowledge may file for a county, village, city, township, or school district. The simple fact that the An individual cannot exceed five filings in one week in a Small Claims Court. A special branch of 66th District Court handles small claims court cases whose purpose is to settle and decide disputes concerning money without the use of attorneys or lawyers. Neither the plaintiff nor defendant can be represented by an attorney in small claims court. The 77th District Court handles a variety of cases including small claims court cases. A judge or magistrate must hear and decide your case. The prerequisites to move forward with a class action case in a Michigan federal or state court are provided in Fed. A defendant has the following options after being sued in small claims court: A Small Claims Court case needs to be filed where the defendants home is, where the defendants business is located (if you are suing a business), or where the transaction or event that the case arose from occurred. Government Departments A through E 54-A District Court Civil Department Small Claims Cases You will need a letter from the insurance company stating Small Claims - Self Help Overview from the Michigan Courts. These parties also have the right to demand that a judge hear their case in the small claims division, rather than a magistrate. If they do, the party waives their right to recover any amount above six thousand. Copyright 2022 MichiganCourtRecords.us. Courtrecords.org provides access to public criminal records aggregated from a variety of sources, such as county sheriffs offices, police departments, courthouses, and municipal, county and other public sources. In addition, the judge's decision is final and cannot be appealed. As with all civil cases, litigants are completely responsible for attorney fees; the court cannot appoint an attorney to represent any person in a civil case. Or, the judge or magistrate might take the matter under submission. Typically, a case begins when a complaint or petition is filed with the court. 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). Telephone Number Notification Form. 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. You may file a petition to contest the impoundment of a vehicle and/or towing and storage fees. (1) signing a written demand for removal and filing it with the clerk at or before the time set for hearing; or. Small claims court only handles civil cases where the amount in dispute is $6,000 or less. All Rights Reserved. Browse as List. Processing of the case then follows the pattern of a regular civil case and the decision may be appealed to the circuit court. You are also required by law to post a bond with the Court of $40.00 plus the amount of accrued towing and storage fees. If your vehicle was damaged in a car crash and the at-fault driver refuses to pay, you may end up having to litigate a mini tort lawsuit against the driver in small claims court for a Michigan car accident. Neither the plaintiff not the defendant need to know anything about the law in order to utilize small claims court. 77th District Court handles small claims court cases in Mecosta County. Small claims court does not allow parties to be represented by attorneys. Subchapter 4.300 - Small Claims Actions. Once the case has been filed, the clerk should provide you with the case number. You cannot have an attorney present your case or have a jury trial. If a party is seeking property or specific performance, the case should not be filed in small claims court. The exception to this rule is if a sufficient or adequate reason exists to allow the court to proceed with consideration. A person (lead plaintiff or representative party) may petition the court on behalf of many others for a matching legal issue. However, a full-time employee may represent a sole proprietor, partner, or corporation if such a person has personal or direct knowledge of the dispute in question. If a matter is taken under submission, the court will notify both parties of the ruling (likely through mail). Section 600.8421: Section: Costs to prevailing . judgment for money. Both parties are required to represent themselves at the hearing. If the plaintiff fails to appear at the hearing, the court can dismiss the case. Examples of these cases include: As stated earlier, claims for willful damages cannot be filed in the Small Claims Court, whether or not they satisfy the jurisdictional limit for small claims cases. 110 E. Mack St. Corunna, MI 48817. Moving the case to regular district court means the normal rules of evidence and discovery apply meaning the case will take much longer to resolve. Rule 4.304 - Conduct of Trial. more than $3,000.00 if you can prove that the defendant has no A party simply states the case in their own words. You may also file a Small Claim for up to $3,000.00 due to an automobile accident under the Michigan No Fault law. If a party chooses to file their case in small claims court which is worth more than six thousand dollars, the party can still choose to file the case in small claims court. Some examples of common small claims court . Rule 4.305 - Judgments. Frequently, a court may attempt to resolve a case without an actual hearing. R. Civ. Plaintiffs who file civil suits with the Small Claims Courts give up certain legal rights (MCL 600.8412),, including the right to counsel. insurance. The District Court can be found online here. On the other hand, when the claim is to obtain relief for a similar injury suffered by several people, it is referred to as a class-action lawsuit. Neither the plaintiff or defendant is allowed to have an attorney represent them in the case. If the presiding judge is a Hearing Officer or Administrative Law Judge, the Opinion and Judgment will be a Proposed Opinion and Judgment. court decides in your favor does not automatically mean that the If this happens, the court will probably notify the parties through mail. By clicking I Agree, you consent to our Terms of Service and are authorizing Courtrecords.org to conduct a person search to identify preliminary results of the search subject you entered. Under MCL 600.8424, claims involving libel, assault/battery, slander, fraud, and other deliberate injuries cannot be filed with the Small Claims Division; neither can claims against the state or state agencies. Small Claims form. Typically, class action suits are filed by one or more persons, representatives, on account of a wider group or class. Your case will be heard by a judge. This letter must accompany your Small Claims form. In addition to the case number, you should also be provided with the date, time, and location of the court hearing for your case. If your claim is more than $6,500.00 and you still elect to file in small claims court, you waive your . You understand and agree that full search reports will only be available with a purchase. However, if you do, the plaintiff loses the right to any amount over $6,000. The manual does not cover all areas of the law or procedure, it does deal with many of the problem areas experienced in small claims court and, hopefully, will aid you in preparing your case. To start the case, the plaintiff must file an "affidavit and claim form" with the clerk of the district court court. You cannot have an attorney present your case or have a jury trial. Among the information that will be needed to complete Form DC 84 are the defendants name/address, the reason for filing a petition, and the amount sought to reclaim. Either side can request that the case be removed to regular district court where both sides can have an attorney. police report and an estimate of the damage to your car is also collection. You can file a lawsuit in small claims court for up to $6,500.00. Michigan Motion to Set Aside Default Form. District courts also handle other criminal and civil cases, in addition to small claims court. The filing fee for this is $75.00. In small claims cases, the parties represent themselves. Proof of Service Form. that the defendant is not insured. Juries are not available for a small claims court case. A small claims court in Mecosta County cannot award a party more than $6,000 (not including court costs and other fees). The District Court can be found online here. Neither party needs to hire an attorney for small claims court cases (but can consult with one for questions about their case). In determining whether it is better to file or join a class action or begin an individual lawsuit in court, it is necessary to consider the facts surrounding a case. 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). Because of this, record availability on third-party websites may vary. Section 600.8420: Section: Fees; disposition. There are no lawyers or jury trials in small claims cases. Not only are the litigation costs for class action suits less costly because it is shared among class members, but also, most attorneys charge a contingency fee for these cases. In addition to the filing fee, the plaintiff is also responsible for paying the cost of service of the defendant. This letter must accompany your Some courts or counties, including Lansing County District Court and Waterford County, also provide forms and instruction sheets on their websites. Where such a person is unavailable, whether due to illness or termination of employee duties, the following persons may file the claim (MCL 600.8408): The employees supervisor, a partner, the owner, or a member of the corporations board of directors, The officers successor, employees supervisor, or a member of the countys government. Before the hearing, parties should gather all documents, papers, and other evidence related to the case. The court may make a decision at the hearing after both sides presented their evidence. Both the plaintiff and the defendant will have a chance to present their side of the case to the court. Or, the judge or magistrate might take the matter under submission. Claims for $5,500.00 or less will be heard in this particular court. This document needs to be filed prior to the small claims court trial or hearing and can actually be filed the same day (so long as it is before the hearing starts). Your car is damaged in an accident and the driver of the other car is more than fifty percent at fault. The form can be found here. An attorney magistrate is an attorney who has been appointed by the court to assist with certain types of cases and legal actions. The phone number for Shiawassee County District Court is: (989) 743-2395. . The clerk should also provide you with the date, time, and location of the hearing. Before bringing an action to court, it is important to note the following: Persons interested in transferring their cases to the general civil division may complete and file the Demand and Order for Removal Form (DC 86). The forms for a plaintiff to fill out to begin a small claims court case can be found here. This means that there must be proof of the class-action status. However, individuals who sustained damage more substantial than those borne by other class members and who can afford the legal fees may proceed with a claim individually. All settlements shall be in writing and signed by the plaintiff and defendant. The Michigan Supreme Court provides these links solely for user information and convenience, and not as endorsements of the products, services or views expressed. 111 S. Michigan AveSaginaw, MI 48602Additional County Office Locations, Courthouse: 8am-5pmClerk: 8am-4:30pmTraffic: 8am-4:30pm. This can be done through a process called mediation. The defendant presents their side of the case after the plaintiff. Lawyers are not allowed in small claims court for a Michigan car accident, so you will be representing yourself. The plaintiff is responsible for paying the filing fee and other fees. It handles certain simple cases, and can only award up to $6,500 in damages. Class action suits may involve defective products, employee age discrimination, fraudulent services, sexual assault, nonpayment of wages, harmful drugs, insurance lawsuits, false advertising, and more. However, before a case can proceed in court, a judge must certify it. In simple terms, a class action lawsuit is a legal process where one or more persons, also known as representative parties or class representatives, file a petition on behalf of a larger group to seek damages for a similar issue. defendant will pay the judgment and costs. Although the court procedures across the Michigan counties are similar, it is still important to check local court rules and procedures. The filing fees are: If the plaintiff is successful in the case, the court could add the cost of the filing fee to the damages in the case. valid claim for more than $6,500.00, but a judgment in Small Claims The document can be found online. The District Court can be found online here. The District Court can be found online here. Rule 8. garnishment of wages) to obtain your money, and in the end, success in Common types of cases handled in small claims court include the following: Small claims court does not handle the following types of cases: The plaintiff will have the opportunity to present evidence first. The magistrate or judge could make a decision at the hearing after the presentation of evidence. Or, the judge or magistrate might take the matter under submission. The filing fee is set out in Section 118.121 of the Michigan Center Local Government Code. Mich. Ct. R. 4.306. Whereas an individual filing on behalf of a county, village, township, or city cannot exceed 20 filings (MCL 600.8407). Courts utilize both personal service and service by certified mail. Small Claims Court is a division of the district court. If that occurs, all parties may have attorneys. It is also available from this site in theFormssection or online at theState Court Forms Index . A party can only ask for money in small claims court. The claim will be heard by a magistrate or judge. Location of small claims division; filing of claims after regular court hours; scheduling of small claims hearings; hearings after regular court hours. 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). Plaintiffs who file civil suits with the Small Claims Courts give up certain legal rights (MCL 600.8412),, including the right to counsel. Once a defendant has been served, the following options are available: After the case is filed, the court will make attempts to provide the defendant with a copy of the Affidavit and Claim (that the plaintiff filled out). Due to judicial funding, oftentimes, an attorney magistrate is used to hear a large portion of small claims court cases. Either the plaintiff or defendant can decide to remove the case from the small claims court division to the regular district court. The plaintiff will also have to pay a filing fee when filing a case. You can sue only Petitioners will also be required to provide copies of supporting documents such as leases, receipts, estimates, contracts, guarantees, etc. 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. Removing the case means there's no $6,500 limit on the damages that can be awarded, and you and your opponent can have lawyers. Section 600.8419: Section: Forms and stationery. A petition can be filed by an individual, sole proprietor, partner, or corporation, or by a person on behalf of a county, village, city, township, or local/intermediate school district. Your case will be heard by a judge. Service is how the defendant learns of the lawsuit and when the case will be heard. Most District Courts have the filing, service, counterclaim, hearing, removal, dismissal, and judgment information for small claims petitions published on their main websites. A court may issue a register . In Michigan, class action lawsuits are resolved by the federal or state courts. Only persons filing in the general civil division of the District Court have the . Either party can request to move the case out of small claims court. To begin using such a search engine on a third-party or government website, interested parties usually must provide: Third-party sites are independent of government sources and are not sponsored by these government agencies. Petition forms are available on this website. This is quite different from single party suits where petitioners are wholly responsible for their legal costs. Shiawassee County Small Claims Court66th District Court handles Small Claims court cases in Shiawassee County. The court may enter a default judgment is the defendant fails to appear at the hearing. A small claims case can only be filed within statutory limitswithin three years of a personal or property injury (MCL 600.5805) and within six years for a breach of contract claim not described under MCL 600.5807 (2) to (8). Each side is required to represent himself or herself in front of the court. Court of Claims. The case is then heard by the District Court judge. As such, this rule has the same eligibility requirements for plaintiffs as with its federal counterpart, even though there are a few differences, such as the class certification period (the statutory time limits within which a case can be allowed to proceed in court). In filing a lawsuit in the Small Claims Court, an individual forfeits the right to a jury trial, an attorney, the right to recover any amount exceeding $6,500, and the right to appeal a judges decision. If you are filing for damages due to an accident, a copy of the If a party is seeking property or specific performance, the case should not be filed in small claims court. your right to a jury trial, to be represented by an attorney and your You can file it before the day of your hearing or on the day of the hearing. General. You may also file a Small Claim for up to $3,000.00due to an To begin a small claims action, an individual must complete and file a notarized Affidavit and Claim Form (DC 84) and serve the defendant with a summons and complaint. involving amounts of $6,500.00 or less. The Justice of the Peace must collect total fees of $34.00 for the Filing of A Claim In The Small Claims Michigan Center Court. Customary methods of collection are: Make sure you have brought your claim against the proper party. If the court rules in favor of the defendant, plaintiffs are not liable for any attorney fees. Attorneys are not allowed to appear in court or argue on behalf of clients in small claims court. In Michigan, federal and state courts hear class action lawsuits. In small claims cases, the parties represent themselves. Bay County Small Claims Court Hearing Preparations Small Claims Cases | Lansing, MI - Official Website Find information about Small Claims Cases in the City of Lansing such as how they work, how to file a lawsuit and forms. Search Within. A judge will hear this appeal. This document can be found on the Michigan Courts form page. Small Claims. Courts must verify the identity of anyone who claims to be an authorized individual by ensuring the name on the individual's state-issued identification matches the name in SCAO's authorized user list. Hear on File Request Form. Though persons who file in the general District Court have the right of counsel restored to them, they lose the right to an appeal when the case is adjudicated by a District Court judge. 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. When you are suing someone for $6,500 or less, your case can be heard in the Small Claims Division of the District Court. automobile accident under the Michigan No Fault law. Where the case is filed is called venue. Also, if there are any witnesses besides yourself who have information that would support your position, you should arrange to have them present at the hearing so they can present testimony to the court. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. But, if the plaintiff does so, he or she gives up the right to recover anything more than that amount. To learn more about small claims court, you can read the article by Michigan Legal Help An Overview of Small Claims Court. Individuals who have been treated wrongly, are owed money, or have suffered property destruction, can seek legal action to recover damages in the State of Michigan. Rather, you are required to file a petition to initiate a new Small Claims appeal. 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