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Michigan Small Claims Court

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Statues: Michigan Statutes Annotated Title 27A, Ch. 272B, Subchapter 84, Sections 8401-8427.

Dollar Limit:: $3,000. Where to Sue: Where defendant resides or where breach or injury occurred. If suing local government entity, suit must be brought in location of that entity.

Service: Personal Service, or court clerk's certified mail with return receipt.

Hearing Date: 15-45 days from service.

Attorneys: Not allowed.

Transfer: If either side requests or defendant counterclaims for more than $3,000, case tried under regular civil procedure of Court. Either party may transfer to regular District Court procedure.

Appeals: If trial was before district court magistrate, by either side for new trial; to Small Claims District Court judge within 7 days. Otherwise, not allowed.

Special Provisions: No equitable relief. Right to sue may not be transferred. No libel or slander, intentional torts or fraud cases. No jury trial. Limit of five claims per plaintiff. May not file more than five claims in one week. Court may refer cases to mediation or arbitration.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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May 11 2008

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