Small Claims Court in Oakland County

In Oakland County, MI small claims cases are filed in the District Court. Oakland County has 14 District Courts that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Oakland Court System.

Small Claims Court

Oakland County, MI starting January 1, 2024, you can initiate legal action against an individual or business in the Small Claims Division for amounts up to $7,000. If your claim exceeds this limit and you choose to proceed in small claims court, you lose the right to seek more than $7,000 in damages.

In cases involving motor vehicle damage from an accident where the other driver is at fault and insured, your claim is restricted to damages not covered by your insurance, up to $1,000. You can also file a Small Claim up to $3,000.00 for an automobile accident under Michigan's No Fault law. If you seek more than $3,000.00, you must provide proof that the defendant lacks insurance. This requires a letter from the insurance company confirming the defendant's uninsured status, which must be submitted along with your Small Claims form.

When you file in small claims court, you give up several rights:

• Representation by an attorney
• Jury trial
• Appeal to a higher court after the court's final decision

The court encourages parties to attempt mediation during the initial court appearance to settle disputes. If mediation fails, a trial before a Magistrate may occur on the same day, subject to availability. Both parties must present evidence supporting their claims at least 7 days prior to the trial date and provide copies to each other.

Either party has the option to transfer the case from Small Claims to the General Civil Division of the district court before the trial begins, where a district judge will preside over the case.

Cases Handled

The Small Claims Division hears cases where individuals, partnerships, corporations, or sole proprietors file lawsuits seeking monetary compensation for various reasons, such as:

• Tenant/landlord disputes
• Personal injury claims
• Theft of property
• Damage to property
• Debt collection
• Auto repair disputes
• Issues with poor construction
• Product defects
• Breach of contracts or verbal agreements

Where to file

You are required to file your small claims case in a court that has the appropriate venue. This means filing in the court where:

• The defendant resides
• The action occurred
• The defendant is employed

Small Claims Info

You have the option to initiate a lawsuit against a sole proprietorship, partnership, or corporation. In such cases:

• A sole proprietorship, partnership, or corporation can serve as either the plaintiff (initiating the lawsuit) or the defendant (responding to the lawsuit).
• They are permitted to be represented in court by a full-time employee who possesses direct and firsthand knowledge of the facts involved in the dispute.
• For partnerships, representation in court is allowed through a general partner.

Individuals are limited to filing a maximum of five (5) claims in the small claims division within one (1) week. However, governmental entities such as counties, cities, villages, or townships have a higher limit and may file up to twenty (20) claims in the small claims division within the same time period.

Filing a Case

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.

Information needed to complete an Affidavit

When preparing to file a small claims case, ensure you have the following details and actions in order:

1. Defendant's Information: Gather the correct legal name, address, and telephone number of the defendant you intend to sue.
2. Business Type: If suing a business, specify whether it is a sole proprietorship, partnership, or corporation.
3. Reasons for Claim: Clearly state the reasons for your claim, outlining the circumstances that led to the dispute.
4. Date of Claim: Specify the date when the incident or issue giving rise to your claim occurred.
5. Amount Claimed: Clearly indicate the amount of money you are claiming. You can include court costs on the Affidavit and Claim form (DC84) by stating the total amount claimed, including costs. The court will decide on awarding costs, which may cover filing fees, motion fees, and service fees.
6. Signing the Form: Sign the Affidavit and Claim form (DC84) in the presence of a court deputy clerk or a notary public. This ensures the document is properly authenticated.
7. Check Small Claims Fees: Visit the Small Claims Fees page to determine the costs associated with initiating your case. This will help you understand the financial obligations involved in starting your lawsuit.

By following these steps and ensuring all required information is accurately provided, you can properly initiate your small claims case.

Service the Defendant

To ensure proper legal procedure when filing a small claims case, here are the steps and considerations regarding serving the defendant with the Affidavit and Claim (DC84) form:

1. Service Requirements: The defendant (whether an individual or a business) must be served with a copy of the Affidavit and Claim form. This can be done by: An appointed court officer A legally competent adult who is not a party to the case Certified mail (with additional fees of $12 for individuals or $7 for businesses added to the filing fee)
2. Using the Court's Process Server: If you opt to use the court's process server: The court officer will handle the service of the documents. You will be invoiced for the service fee, which includes mileage calculated at 1.5 times the State of Michigan premium rate.
3. Service Verification: It is essential to ensure that the defendant receives a copy of the Affidavit and Claim form through one of the approved methods. This demonstrates that legal notice of the lawsuit has been properly served to the defendant.
4. Compliance with MCL 600.2559(4): This statute governs the process of service and outlines the fees and procedures involved in ensuring the defendant is notified of the lawsuit. By adhering to these guidelines, you can fulfill the legal requirements for initiating a small claims case and ensure that the defendant is properly informed of the legal action against them.

Court Fees

To properly initiate a small claims case in Michigan, here are the fee structures and considerations you need to be aware of:

Filing Fees:

• Claim $600.00 and under:
  • Filing Fee: $25
  • eFiling Fee: $5
  • Total: $30
• Claim $600.01 to $1,750.00:
  • Filing Fee: $45
  • eFiling Fee: $5
  • Total: $50
• Claim $1,750.01 to $7,000.00:
  • Filing Fee: $65
  • eFiling Fee: $5
  • Total: $70
• Motion Fee:
  • A $20 fee is required for all motions filed in the case.
• Service Fees:
  • Service of the Affidavit and Claim (DC84) form on the defendant can be done through various methods, each incurring different fees:
    • Certified Mail: Additional fee of $12 for individuals or $7 for businesses (added to the filing fee).
    • Using Court's Process Server: Service fee includes mileage calculated at 1.5 times the State of Michigan premium rate. The exact amount will be invoiced to the plaintiff.

Summary:

When preparing to file a small claims case in Michigan, ensure you have the correct amount for the filing fee based on the claim amount. Additionally, be aware of the $20 motion fee for any motions you may file during the case. If you opt for certified mail or use the court's process server for service, understand the associated fees and ensure compliance with all legal requirements outlined by Michigan law.

Service Fees:

Court's Process Server:

• Service Fee: The fee per defendant and mileage rates fluctuate. You will receive an invoice from the court for these charges.
  • Process Servers Available:
    • Hope and Associates: 1-800-882-6311
    • Rancillio and Associates: (586) 792-3810
• Certified Mail:
  • Per Defendant (individual/restricted): $16.00
  • Per Business: $9.00

Summary:

• When choosing to serve the defendant, you have the option of using the court's process server or sending the documents via certified mail.
• The fees for the court's process server include a per defendant fee and mileage charges, which vary and will be invoiced by the court.
• Certified mail offers a simpler and less expensive alternative, with fixed fees depending on whether the defendant is an individual or a business.

Ensure you review these options carefully and select the method that best suits your case and budget. Proper service of the Affidavit and Claim form is crucial to complying with legal requirements and moving forward with your small claims case in Michigan.

After Filing

When you file a small claims case, here’s what to expect regarding the process and scheduling of hearings in Michigan:

1. Hearing Date: The clerk will assign you a hearing date, typically around 45 days from the date of filing, depending on the court's docket.
2. Mediation: All small claims cases begin with a mediation session scheduled for the court date. Mediation is an opportunity for both parties to attempt to resolve the dispute with the help of a neutral mediator.
3. Trial: If the parties are unable to reach a resolution during mediation, the case will proceed to trial on the same day, provided there is sufficient time available in the court's schedule.
4. Confirmation: It is advisable to contact the court the day before the scheduled hearing date to confirm that proper service of the Affidavit and Claim form has been completed. This ensures that all procedural requirements have been met before proceeding with the court appearance.

By following these steps and staying informed about the hearing process, you can navigate your small claims case efficiently and be prepared for mediation and potentially a trial if needed.

Rescheduling Your Case

1. Good Cause Requirement: The court may reschedule your hearing only if you demonstrate good cause. You must provide an explanation and verification of why you cannot attend.
2. Verification: You can provide verification such as a travel itinerary, doctor's note, or other relevant documents.
3. Submission Deadline: Your request to reschedule must be submitted at least 48 hours prior to the scheduled hearing date.
4. Submission Methods: You can submit your rescheduling request by mail or fax to the court.
5. Motion Fee: A $20 motion fee is required for requesting a reschedule.

Consequences of Non-Appearance

• Plaintiff's Non-Appearance: If the plaintiff fails to appear for the hearing, the case will be dismissed.
• Defendant's Non-Appearance: If the defendant fails to appear, a default judgment will be entered in favor of the plaintiff.
• Motion to Set Aside: Either party can file a Motion to Set Aside the dismissal or default judgment within 21 days from the date it was signed.
• Form for Motion: Use the Motion to Set Aside Default and Order (DC99) form, which can be downloaded from the court's website.
• Outcome of Motion: If the motion is granted, a new trial date may be set immediately or at a later time, depending on the court's schedule.

Important Consideration

• Ensure all documentation and requests are submitted in a timely manner and comply with court requirements.
• Maintain communication with the court to verify the status of your case and any upcoming hearings.
• Be prepared to attend scheduled hearings or provide valid reasons supported by documentation if requesting a reschedule.

Following these guidelines will help you navigate the procedural aspects of your small claims case effectively in Michigan, ensuring fair treatment and adherence to legal requirements.

Mediation

Role of the Mediator:

• Neutral Third Party: The mediator is an impartial and neutral third party who facilitates communication between the parties involved in the dispute.
• Assistance in Communication: The mediator helps the parties communicate effectively by encouraging dialogue and ensuring each party has an opportunity to express their perspective.
• Issue Identification: The mediator assists in identifying the core issues in the dispute. This helps clarify the main points of contention and areas where agreement might be possible.
• Exploring Settlement Solutions: Through guided discussions and negotiation techniques, the mediator helps the parties explore potential settlement solutions.

Voluntary Process:

• Voluntary Participation: Participation in mediation is voluntary. Both parties must agree to engage in mediation as a means to potentially resolve their dispute.
• Settlement Agreement: Any settlement reached during mediation is voluntary and based on the mutual agreement of the parties involved. The mediator does not impose a decision but facilitates the negotiation process.
• Benefits of Mediation:
• Informal Setting: Mediation offers a less formal setting compared to a courtroom trial, which can often lead to more collaborative and less adversarial interactions.
• Time and Cost Effective: Mediation can be a quicker and more cost-effective way to resolve disputes compared to a full trial process.
• Control Over Outcome: Parties maintain more control over the outcome of their dispute through mediation, as they actively participate in crafting a resolution that meets their interests.

Conclusion:

Mediation in small claims court serves as an important alternative dispute resolution method, emphasizing communication, negotiation, and voluntary settlement agreements. It provides parties with an opportunity to explore solutions with the assistance of a neutral mediator, potentially avoiding the need for a formal trial and its associated costs and uncertainties.

Appeals

Magistrate's Decision:

1. Judgment: The magistrate will render a judgment based on the evidence and arguments presented during the trial.
2. Appeal Period: Either party can appeal the magistrate's decision within seven (7) days from the date of the judgment.
3. Appeal Process: If appealed, the case will be scheduled to be heard before a district judge.
4. Final Decision: The district judge's decision is final and cannot be appealed further.

Payment of Judgment:

• Timeframe: After the magistrate or judge renders a judgment, the defendant has 21 days from the date of the judgment to pay the amount specified in the judgment.
• Court's Role: The court does not actively collect the judgment on your behalf.
• Collection Procedures: If the defendant does not pay within the 21-day period, you may initiate collection procedures.
• Resources: Refer to "Collecting Money From A Small Claims Judgment - DCI84" for detailed procedures on how to collect your money.

Summary:

Understand the timelines and procedures for appealing a magistrate's decision and the finality of a district judge's ruling. Be prepared to take action if the judgment is not paid within the specified timeframe. Utilize resources provided by the court to navigate the collection process effectively.

Following these guidelines will help ensure that you can effectively manage the outcomes of your small claims case, whether through successful resolution, appeal, or collection of a judgment in Michigan.

Collecting Money

If You Have Defendant's Information:

1. Execution Against Property: This process allows you to request the court to authorize the seizure and sale of the defendant's property (such as real estate or personal belongings) to satisfy the judgment amount. You'll need details like the defendant's address, place of employment, and any known assets.
2. Garnishment: If you know where the defendant works or banks, you can file for garnishment. This involves obtaining a court order to deduct money directly from their wages or bank accounts. Garnishment helps satisfy the judgment by redirecting a portion of the defendant's income or funds toward repayment.

If You Lack Sufficient Information:

• Discovery Subpoena:
  • When you don't have enough information about the defendant's assets or income sources, you can file a discovery subpoena.
  • This legal tool compels the defendant to appear in court and provide sworn testimony about their financial status, helping you gather necessary details to enforce the judgment.
• Steps to Follow:
  • File the Necessary Forms: Depending on whether you're pursuing execution against property, garnishment, or a discovery subpoena, submit the required paperwork to the court.
  • Court Review and Action: The court will review your request and issue orders accordingly to initiate the collection process.
  • Compliance and Follow-Up: Ensure you adhere to all legal procedures and monitor the court's instructions for any additional actions needed to effectively enforce the judgment.

Conclusion:

Understanding these procedures is crucial for navigating the process of collecting a judgment in Michigan's small claims court. By leveraging the available legal mechanisms based on the information you have about the defendant, you can pursue effective enforcement actions and recover the owed amount. For specific guidance tailored to your case, consulting with legal professionals or the court clerk is recommended.

After the Garnishment

Garnishment Process:

1. Disclosure by Garnishee:
   • After serving the garnishment on the garnishee (the person or entity holding the defendant's money), they have 14 days to file a disclosure.
   • The disclosure informs you if any money is available from the garnishee to satisfy the judgment.
2. Waiting Period for Payment:
   • If money is available, you won't receive it until 28 days after the garnishee is served with the garnishment. This allows the defendant time to file objections to the garnishment.
3. Periodic Payments:
   • If the garnishment is for periodic payments (like wages), you'll receive money as payments become due until the garnishment expires.

Additional Information:

• Legal Advice: Court clerks can assist in processing your claim but cannot provide legal advice.
• Further Collection Methods: For more details on collecting your judgment, refer to the "Collecting Your Money from a Small Claims Judgment - DCI 84" form available in the Small Claims Forms section.

Conclusion:

Understanding these steps helps you navigate the garnishment process to collect your small claims judgment in Michigan. For specific legal advice or assistance, consider consulting with an attorney or using resources provided by the court.

Let Squabble Help You With Your Small Claim at Oakland County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Oakland County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouses Location:

1. 43rd District Court / Ferndale Division

   305 E 9 Mile Rd.
   Ferndale, MI 48220
   (248) 547-8700
   https://www.ferndalecourt.com/

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:25 p.m., except court holidays.

2. 43rd District Court, Hazel Park Division

   43 E 9 Mile Rd.
   Hazel Park, MI 48030
   (248) 547-3034
   https://www.hazelpark.org/visitors/43rd_district_court.php

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

3. 43rd District Court, Madison Heights Division

   200 W 13 Mile Rd.
   Madison Heights, MI 48071
   (248) 583-1800
   https://www.madison-heights.org/266/43rd-District-Court

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:15 p.m., except court holidays.

4. 44th District Court - Royal Oak

   400 E Eleven Mile Rd.
   Royal Oak, MI 48067
   (248) 246-3600
   https://www.romi.gov/307/44th-District-Court

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.

5. 45th District Court Oak Park

   13600 Oak Park Blvd.
   Oak Park, MI 48237
   (248) 691-7440
   https://www.oakparkmi.gov/government/45th_district_court.php

   BUILDING HOURS

   • Monday - Friday 10:00 a.m. to 4:00 p.m., except court holidays.

6. 46th District Court - Southfield

   26000 Evergreen Rd.
   Southfield, MI 48076
   (248) 796-5800
   https://www.cityofsouthfield.com/

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m., except court holidays.

7. 47th District Court - Farmington Hills

   31605 W Eleven Mile Rd.
   Farmington Hills, MI 48336
   (248) 871-2900
   https://www.fhgov.com/Government/Departments-Divisions/47th-District-Court

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

8. 48th District Court - Bloomfield Hills

   4280 Telegraph Rd.
   Bloomfield Hills, MI 48302
   (248) 647-1141
   https://www.oakgov.com/government/courts/district-courts/48th-district-court

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

9. 50th District Court Pontiac

   70 N Saginaw St.
   Pontiac, MI 48342
   (248) 758-3800
   https://www.oakgov.com/government/courts/district-courts/50th-district-court

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:00 p.m., except court holidays.

10. 51st District Court Waterford

    5100 Civic Center Dr.
    Waterford Twp, MI 48329
    (248) 674-4655
    https://www.waterfordmi.gov/198/51st-District-Court

    BUILDING HOURS

    • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

11. 52nd District Court - 1st Division Novi

    48150 Grand River Ave #52nd
    Novi, MI 48374
    (248) 305-6511
    https://www.oakgov.com/government/courts/district-courts/52nd-district-court-division-1

    BUILDING HOURS

    • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

12. 52nd District Court - Division 2 Clarkston

    5850 Lorac Dr.
    Village of Clarkston, MI 48346
    (248) 625-4880
    https://www.oakgov.com/government/courts/district-courts/52nd-district-court-division-2

    BUILDING HOURS

    • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

13. 52nd District Court - Division 3 Rochester Hills

    700 Barclay Cir.
    Rochester Hills, MI 48307
    (248) 853-5553
    https://www.oakgov.com/government/courts/district-courts/52nd-district-court-division-3

    BUILDING HOURS

    • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

14. 52nd District Court - Division 4 Troy

    520 W Big Beaver Rd.
    Troy, MI 48084
    (248) 528-0400
    https://www.oakgov.com/government/courts/district-courts/52nd-district-court-division-4

    BUILDING HOURS

    • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.