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- Small Claims Booklet
Small Claims Booklet
Small Claims is the division of the Trial Court used by people to settle their disputes without lawyers. When a case is tried in the Small Claims Division, all parties give up:
- The right to an attorney
- The right to appeal (if the case is heard by a judge)
- The right to a jury trial.
Citizens Mediation Service
The Berrien County Trial Court, Small Claims Division, recommends that parties in Small Claims cases consider using Citizens Mediation Service to assist them to settle their dispute. For this reason, most small claims cases will be referred to Citizens Mediation Service by the Court for settlement prior to trial. Since they opened in 1992, the mediators at Citizens Mediation Service have helped many people settle their disputes. A part of every civil filing fee paid in the State of Michigan is given to Citizens Mediation Service.
Citizens Mediation Service Telephone Number 1-269-982-7898.
Table of Contents
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Judgments
All citizens have the right to have their dispute heard and decided by a judge or an attorney magistrate.
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Filing a Small Claims Suit
This information helps determine who is the proper person to file and appear in the Small Claims Division.
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When Filing a Claim
The plaintiff must have these things when filing a claim.
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Trial Date & Service of Papers
The trial date is scheduled approximately six weeks from the date the claim is filed.
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Settlement Before Court Date
If the defendant wants to settle the case before the trial date, the defendant contacts the plaintiff and arranges to pay the claim.
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Removal
At any time before the trial, either party has the right to remove the case to the General Civil Division of the Trial Court.
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Counterclaim
A counterclaim filed by the defendant must be served on the plaintiff at least 7 days before the trial date.
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Witnesses
Witnesses may appear at the trial at the request of either party.
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Trial Date
The trial date is shown on the Affidavit and Claim form in the Notice of Hearing area.
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Installment Payments
Parties are encouraged to discuss an agreement for installment payments on the same day as the trial to avoid having to make another trip to court.
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Petition for Payment Order
If the defendant does not appear at time of trial and a default judgment enters, the defendant has the right to petition the court later for installment payments.
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Collection of Judgment
The amount of the Small Claims judgment plus interest is collectable by garnishment or execution against property.
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Judgment Debtor Subpoena
When the plaintiff does not have the information for filing a garnishment or execution against property, the plaintiff may file a Judgment Debtor Subpoena to require the defendant to appear in Court under oath and provide income and asset information to the plaintiff.
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Fee Schedule
Review the associated fees for small claims.