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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.
To start the case, you must file an Affidavit and Claim Form
with the District Court. The Affidavit and Claim Form is available at the
81st District Court window in the Iosco County Building, or you can print it out from this
website, fill it out, and take it to the court.
You must file your case in the city or county where the transaction or
dispute took place, or where the person or business you are suing is
located. If your complaint involves more than one person or business, the
suit may be filed in the District Court where any of the persons live, or
where any of the businesses operate.
The cost of filing a lawsuit in the Small Claims Division of District Court
is $25 for claims up to $600; $45 for claims over $600 and up to $1,750; and
$65 for claims over $1,750 and up to $3,000. The party filing the claim,
also known as the plaintiff, is responsible for paying the filing fee and
other required fees, which could include postage or service fees. Be
prepared to pay all fees when you file your claim. In some cases, the amount
of the fees may be included as part of the judgment against the defendant if
the judge decides in your favor. Once you have filed your
suit, the court will notify the other party that you have filed a lawsuit
against them and the scheduled date of their court appearance.
In some cases, the defendant may offer to settle out of court after
learning you have filed a suit. If you decide to settle your case out of court, you
can either voluntarily dismiss your lawsuit or obtain a judgment. If you
want an enforceable judgment, the terms of your agreement must be submitted
in writing and signed by both the plaintiff and the defendant. A copy of the
agreement must be filed with the court.
If You Have Been Sued in Small Claims Court
If you are served with court papers from the Small Claims
Division of the District Court, you have several ways to respond to the
affidavit and claim. If you want to deny the claim, you must either answer
the complaint before the hearing date or appear in court on the hearing
date. Be sure to bring any evidence you have to support your denial. If you
want an attorney to represent you, please notify the court before the hearing, and the case will be transferred from
the Small Claims Division to the regular District Court.
If you have a claim against the person who is suing you, you can also file a
counterclaim. Your written counterclaim should be filed with the court and
served by first-class mail to the person suing you.
You may also request that the case be moved from small claims to the general
civil division of District Court by filing the Demand and Order for
Removal form.
If you fail to appear for the hearing, the court may enter a default
judgment against you, which means the judge may grant a judgment for the
plaintiff without hearing your response to the complaint. If a default
judgment has already been entered, you may file a Motion to Set Aside Default and Order
within 21 days after the default was entered in a small claims case.
Online Court Forms
Affidavit and Claim Form (Form DC 84)
Small Claims Judgment (Form DC85)
Demand and Order for Removal (Form DC86)
Motion to Set Aside Default and Order
Know the Law
Revised Judicature Act of 1961 (Excerpt), Act 236 of 1961, Small Claims
Division
Michigan Court Rules of 1985: Chapter 4, District Court
Additional Information
Small Claims Self-Help
Small Claims Court
Pamphlet
Note:
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print forms in Portable Document Format (PDF). If you need to download the free Adobe Reader, please
click here.
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