Small Claims
Small Claims hearings are heard in district court with the
purpose of providing a setting for persons to settle their
disputes/claims without an attorney. Knowledge of the law is not
needed. Individuals, partnership, corporations may all file a claim.
A. Rules applicable to Small Claims:
1. No jury trial.
2. The maximum amount for a claim is $3,000.00
3. Attorney’s are not allowed, unless acting on their own
behalf.
4. Judge’s decision is final, no right to appeal.
5. Hearing is conducted on an informal basis.
B. Venue: Which district court do you file this claim?
The person suing (called the Plaintiff), shall file the claim
where the cause of action arose, or the city where the defendant
lives or is employed
 How
to Submit a Claim
1. You may go to either the Grandville or Walker division and
ask the clerk for a small claims affidavit form.
2. Fill in the exact name and address of the person or
business you are suing. This is very important. Unless you have
the full and correct name and address you may not be able to
file the affidavit of claim. You are not able to obtain personal
service if you have a post office box. Once the affidavit is
complete, you file it with the court and pay a filing fee which
is determined by the amount of the claim and a service fee.
Before the Hearing
1. The defendant will be served with the claim, by a person
authorized by the court to serve pleadings.
2. The hearing date will be issued on the date of filing or
mailed out at a later date. Typically, the hearing date is
scheduled within 30 days of the date of filing.
3. You must notify your witnesses of time and date of the
hearing.
4. The defendant has the right to and may remove the matter
from small claim to the general civil division.
5. Before the hearing date or at the hearing date, you may
meet with trained mediators in an attempt to resolve the
dispute.
If it is resolved before the court date, there is no need to
attend the scheduled small claims hearing. However, you do need
to advise the court that the case has been settled.
Hearing Date
1. Be on time. Failure to be on time by plaintiff (the person
suing) will result in the case being dismissed. Failure to be on
time by the defendant will result in a default judgment entered
after testimony is taken.
2. Bring your witnesses and all papers, pictures, etc, which
is called evidence.
3. You may meet with the party you are suing and try to reach
a settlement prior to going into the court hearing.
4. You may, if both parties agree, mediate at the court.
5. If a hearing is held, the judge or magistrate will decide
the claim and give you his decision. The judgment will be mailed
out to both parties.
Collecting
on the Judgment
If the judge/or magistrate decide in your favor, a judgment will
enter allowing you to collect the monies awarded you.
If the defendant refuses to pay, your options include:
1. Discovery hearing – obtain financial information from
defendant.
2. Garnishments.
3. Execution on personal property.
You need to wait 21 days from the date of judgment prior to
filing any of the above. A filing fee is required with each
transaction.
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07/01/11 .
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