Important
Before filing your claim, you should have some idea what your chances are of collecting the judgment if you are successful. A judgment does not mean automatic payment. It simply means you have proven to the satisfaction of the court that the person you sued owes you money. There are often cases where a judgment is not particularly difficult to obtain but the collection of money is difficult, if not impossible.

The party you have sued may be penniless or bankrupt; may have gone out of business or left town; may not earn enough for you to garnishee wages; or for other reasons it may be impossible to make the defendant pay. Income such as welfare, unemployment, social security, etc., cannot be garnished. If you cannot collect, a judgment in your favor may turn out to be a hollow victory. However, you do have (6) years to collect and a party’s circumstances may change during that time.

Who May File a Claim in Small Claims Court
A party who sues another party is called the Plaintiff. The party being sued is called the Defendant. There can be more than one plaintiff or defendant in the same action. An example would be when a husband and wife sue another husband and wife.

The following table has been prepared to help you determine if you are the proper person to file the claim.

Plaintiff is - Who may file and appear in court
Individual - Any adult may file and appear on his own behalf
Partnership - Any partner or full-time employee
Proprietorship - The proprietor or full-time employee
Corporation - Any officer or full-time employee

Points to Consider
The Court is only a tool that is available to you for settling disputes or establishing and reducing your claims to judgment. You are responsible for locating the parties, determining your course of action, gathering your witnesses and evidence.

While the staff of this Court will try to help either party to an action, you must understand that:

1. Our clerks are not attorneys and they cannot give legal advice.
2. The Judges/Magistrate, who are attorneys, may not and will not give advice on matters they may have to rule on.
3. This Court can render money judgments only, and has no power to force anyone to do something or to stop doing something.

By having your case tried in Small Claims Division, you give up the following rights:

1. The right to have an attorney.
2. The right to appeal to a higher court.
3. The right to a jury trial.

However, the defendant may not choose to give up these rights. If he refuses, he can demand before or at the time of the hearing, that the case be transferred to the General Civil Division. Then, either side may hire an attorney, request a trial, and have the right of appeal.  (Note:  If matter is removed from Small Claims, Corporations and Partnerships must be represented by an Attorney.)

Starting a Small Claims Suit
The maximum amount you sue for in the Small Claims Division is $3000.00, plus costs. The limit for auto accidents may be less - contact the court for further information.  The costs may be added by the Judge/Magistrate at the time of judgment.   Do not include your costs in the amount of your claim.  To file a claim in the 50th District Court, the business or person you are suing must do business or live in the City of Pontiac, or the event giving rise to the dispute must have occured in the City of Pontiac.

The necessary forms may be purchased at the court (see fee schedule) or downloaded from The Michigan Supreme Court website  www.courts.michigan.gov/scao/courtforms

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