Small Claims Court in Michigan

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3 Dr. Donald J. Baranski, Attorney and Counselor at Law SMALL CLAIMS COURT IN MICHIGAN How to Bring and Defend Your Case in Court And Collect On Your Judgment E-BOOK FOUND ONLY AT: $29.95 Copyright 2013 by Dr. Donald J. Baranski

5 TABLE OF CONTENTS About the Author Preface....2 Introduction CHAPTER 1 : THE COURT SYSTEM IN MICHIGAN The Court System in Michigan History of Small Claims Court Small Claims-A General Overview CHAPTER 2: REASONS WHY MONEY IS OWED TO YOU Hospital/Medical/Dental/Chiropractic/Legal Bills....7 CHAPTER 3: What Small Claims Is: What it is Not What Small Claims Is: What it is Not Jurisdictional Amount Number of Claims..9 Who Can Sue in Small Claims Court CHAPTER 4: How To Start a Lawsuit in Small Claims Court How To Start a Lawsuit in Small Claims Court...11 When. 11 Where: Venue-Physical Location Service Members Civil Relief Act [SCRA]..15 Sample Form to Begin the Lawsuit...17

...7 CHAPTER 3: What Small Claims Is: What it is Not What Small Claims Is: What it is Not.... 8 Jurisdictional Amount.... 9 Number of Claims..9 Who Can Sue in Small Claims Court.

6 Notifying the Defendant of the Lawsuit...26 CHAPTER 5: REMOVAL OF SMALL CLAIMS CASE TO REGULAR DISTRICT COURT. Removal From Small Claims To District Court...27 Demand and Removal From Small Claims Form. 29 CHAPTER 6: FAMILY ISSUES PART I: Liability for Bills for Family Members PART II: Representing husband, wife, child or sibling 30 Financial Power of Attorneys and their Use PART III: Confidentiality Between Family Members.. 31 CHAPTER 7: Preparing Your Case for Trial Preparing in Your Case for Trial. 31 Tape Recordings..31 Witnesses.32 Estimates.. 33 Writings Photographs.. 34 Settlement Conferences Prior to Trial.. 34 The Reason to Send a Demand Letter Sample Demand Letter. 35 Sample Payment Agreement CHAPTER 8: Michigan Freedom of Information Act Michigan Freedom of Information Act. 38 Sample of Freedom of Information Act Letter CHAPTER 9: NECESSITY AND USE OF NOTARY PUBLICS History of Notary Publics and Their Use.. 43 Sample Notary Public Form

...30 PART III: Confidentiality Between Family Members.. 31 CHAPTER 7: Preparing Your Case for Trial Preparing in Your Case for Trial. 31 Tape Recordings..31 Witnesses.32 Estimates.. 33 Writings.

7 CHAPTER 10: Defending a Lawsuit PART 1: OTHER PARTIES: Lawsuit 46 Counter Claim Third Party Complaint Mediation PART 2: DEFENSES TO A CLAIM: Statutes of Limitations Statutes of Frauds.. 47 Arbitration...48 Release Prior Judgment Prior Payment Privileges Usury-Charging Excessive Interest Services Performed Require a License.. 50 Company Must Be Legally Authorized To Do Business in the State of Michigan...50 CHAPTER 11: Obtaining a Judgment Obtaining a Judgment How to Appear in Court:...50 CHAPTER 12: COLLECTION OF A JUDGMENT How Much Time Do I Have to Collect on a Judgment?...54 How Do I Collect on a Judgment?...54

Privileges.... 49 Usury-Charging Excessive Interest........49 Services Performed Require a License.

8 Judgment Form...55 CHAPTER 13: JUDGMENT AGAINST YOU Setting Aside a Default Sample Form Motion to Set Aside Default.57 Sample Form Order Regarding Motion to Set Aside Default.59 CHAPTER 14: I Have A Judgment Now What? I Have A Judgment Now What? Golden Information CHAPTER 15: Post Judgment Debtor Discovery Post Judgment Debtor Discovery Judgment Debtor Subpoena Sample Form Subpoena..64 Sample Letter to Defendant for Failure to Appear in Court Sample Letter to Judge Requesting A Warrant for Arrest of Defendant 67 Sample Motion,Affidavit and Bench Warrant..68 CHAPTER 16: RECORD OF JUDGMENT REPORTED Abstract on a Judgment..70. CHAPTER 17: How to Garnish on a Judgment How to Garnish on a Judgment.. 70 Limitation on the Amount of Garnishment Per Payday Periodic Garnishments 81 Non-Periodic Garnishments 85 Bank Account..85

.. 61 Judgment Debtor Subpoena.... 61 Sample Form Subpoena..64 Sample Letter to Defendant for Failure to Appear in Court.

9 Real Estate Closing. 85 Contractors.. 85 CHAPTER 18: Garnishments of Michigan Income Tax Refund Garnishments of Michigan Income Tax Refund.94 CHAPTER 19: What Happens if the Garnishee Defendant Fails to Comply? What Happens if the Garnishee Defendant Fails to Comply?...98 CHAPTER 20: Garnishment of the United States Military and Coast Guard Garnishment of the United States Military and Coast Guard.. 98 Finding the Military Status of an Individual 98 Involuntary Allotment for Military Personnel...,99 CHAPTER 21: Seizing Property: Execution on Property.104 Procedure to Seize Property.104 Request and Order to Seize Property CHAPTER 22: Notice of Judgment Lien on Land: Notice of Judgment Lien on Land..108 Notice of Judgment Lien Form..108 CHAPTER 23: Installment Payments Motion for Installment Payments..109 Motion to Set Aside Installment Payments Order Regarding Installment Payments.112 Motion to Set Aside Installment Payments 113 Final Statement on Garnishment of Periodic Paymenet.118 Objections to Garnishment and Notice of Hearing.119 Garnishment Release.. 121

What Happens if the Garnishee Defendant Fails to Comply?...98 CHAPTER 20: Garnishment of the United States Military and Coast Guard Garnishment of the United States Military and Coast Guard.

10 Order on Objection to Garnishment.123 CHAPTER 24: What If the Defendant Moves Out of the State of Michigan After a Judgment? What if the Defendant Moves Out of the State of Michigan After a Judgment? Procedure to File a Michigan Judgment in a Foreign State? Collection Activity in a Foreign State CHAPTER 25: Renewing Judgments after Six Years: Renewing Judgments After Six Years CHAPTER 26: JUDGMENT PAID IN FULL Judgment is Paid in Full Sample Form of Certificate of Satisfied Judgment CHAPTER 27: Bankruptcy: Bankruptcy Sample Form for Order for Administrative Closing Due to Bankruptcy Stay.129 APPENDIX A: MINORS Defendant is a Minor.,,, 130 Intentional Acts by a Minor Resulting in Medical/Dental/Property Damages,,,,,,,,, 130 Shoplifting By A Minor From a Place of Business APPENDIX B: CRIMINAL ACTS Rental Property Failure to Return Rented Personal Property To a Place of Business,,,.132 Sample Letter to the Lessee for Failure to Return Personal Property Bad Check What if Someone Writes You a Bad Check? Sample Letter to Bad Check Writer.. 136

...126 CHAPTER 26: JUDGMENT PAID IN FULL Judgment is Paid in Full....126 Sample Form of Certificate of Satisfied Judgment..... 127 CHAPTER 27: Bankruptcy: Bankruptcy.

11 SHOPLIFTING What if Someone Commits Retail Fraud from Your Store? Sample Letter to Shoplifter. 138 APPENDIX C: MICHIGAN CONSUMER PROTECTION ACT What if Someone is Cheating You in Business? APPENDIX D: CRIMINAL VERSUS CIVIL What if the Person Who Owes You Money Had Been Convicted in Criminal Court? What if Restitution is Ordered in a Criminal Case? APPENDIX E: BUSINESS DEBTS What If You are in a Business Trying to Collect a Debt? Independent Contractors: What if you are a Service Provider?... Special Considerations for Providers that Accept Insurance 142 APPENDIX F: AUTOMOBILE ACCIDENT AND MINI-TORT What if You Had a Car Accident and It is Not Your Fault? Sample Letter to Other Driver at Fault in Auto Collision APPENDIX G: AUTOMOTIVE GARGAGES PART I:What to Do If you Deal With Automotive Garage Mechanic Liens: 147 PART II: Garage Keeper s Liability Act..148 Bailments What if Not Responsible for Loss or Damage to Car Claim by Garage? Sample Letter Mechanic Lien 151 APPENDIX H: LANDLORD TENANT What If Your Landlord Has Not Returned Your Security Deposit? Sample Security Deposit Demand Letter APPENDIX I: RESIDENTIAL CONSTRUCTION PART I:What if you are in a Construction Trade and do work on a Residential House? Michigan Builder s Trust Fund.. 156

... 140 APPENDIX E: BUSINESS DEBTS What If You are in a Business Trying to Collect a Debt?...141 Independent Contractors: What if you are a Service Provider?

12 PART II: Homeowner That Has Defective Work Done by Subcontractor Sample Letter of Notice to General Contractor.158 Sample Claim of Construction Lien Appendix J: Divorce Judgments I have a Judgment of Divorce, and my Ex owes me money: APPENDIX K: CHILD CARE What happens if you provide child care and are not paid? APPENDIX L: ILLEGAL CONTRACTS..162 APPENDIX M: SAMPLE LAWSUIT FROM BEGINNING TO THE END.163 Sample Affidavit and Claim for child care services..167 Demand and Order for Removal from Small Claims. 168 Judgment in Small Claims by Default Motion and Affidavit to Set Aside Judgment.170 Order Regarding Motion to Set Aside Default 171 Judgment in Small Claims After Trial 172 Motion to Set Aside Order for Installment Payments.173 Order on Motion to Set Aside Installment Payments..174 Request and Writ of Garnishment 175 Request and Writ of Garnishment Periodic Request and Writ of Garnishment Non-Periodic.177 Notice of Judgment Lien..178 Request and Order to Seize Property Garnishee Disclosure...180

...161 APPENDIX L: ILLEGAL CONTRACTS..162 APPENDIX M: SAMPLE LAWSUIT FROM BEGINNING TO THE END.163 Sample Affidavit and Claim for child care services.

13 Objections to Garnishment and Notice of Hearing Order on Objections to Garnishment GLOSSARY VENUE 191 INDEX.194 All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means without the written permission of the author. No copyright claimed for the Michigan Court Forms or Legal statutes, court rules, or cases. Notice of Liability: The information in this book is provided on an as is basis, without warranty. The author shall not have any liability to any person or entity with regard to any liability, loss or damage caused or alleged to be caused directly or indirectly by the information contained in this book. Warning: This book contains information that may become outdated when laws, court rules or court forms change.

No copyright claimed for the Michigan Court Forms or Legal statutes, court rules, or cases. Notice of Liability: The information in this book is provided on an as is basis, without warranty.

FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS

LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts