62-B District Court
Small Claims Division

Small claims matters are informal adjudication of claims in which the amount in controversy is $3,000.00 or less. These matters are heard by the Judge. You can obtain a copy of the small claims affidavit at the clerk's office. Once it is completed, you file the claim with the clerk and pay the appropriate filing fee. You must also pay a fee to have the person you are suing served with a copy of the claim.

By proceeding in Small Claims Division, you waive several rights. These include the right to be represented by an attorney, jury trial and appeal.

A full time employee of a business (sole proprietorship, partnership or corporation) may appear for the business, if that full time employee has personal knowledge of the facts in dispute. If such employee is not available, a supervisor of that employee may appear.

How to Complete the Small Claims Affidavit

Collecting Money on a Judgment

Interest Rates on Civil Judgments

 

How to Complete the Small Claims Affidavit

Instructions by line number: (The Small Claims Affidavit may be obtained from the counter at the court)

1. Your complete name, address and telephone number. You are called the Plaintiff.
2. The complete name, address and telephone number of the person or business you are suing. If you are suing a business, put in the business name. If you are suing a specific person, put in the person's name. The person being sued is called the Defendant.
3. Check the appropriate box. Are you an individual? - check the first box. Are you bringing this action as a partner in a partnership? - check the second box. Or are you a full time employee of a corporation and you have personal knowledge of the facts that will be in dispute? - check the third box.
4. You do not need a lawyer to file and carry through a case in the small claims division of the district court.  In fact, lawyers are not permitted to practice in the Small Claims Division.
5. If you win your case, the defendant is legally bound to pay you. You can enforce the judgment by garnishing the defendant's paycheck and bank accounts.  You can have the court officer seize certain property and sell it to pay the judgment amount.
6. You can also sue in Small Claims Court for automobile collision damage caused by another driver which was not covered by your insurance.  However, you cannot recover more than $500.00 if the at-fault driver had insurance on his/her car.
7. At the 62-B District Court, we offer the services of the Dispute Resolution Center of West Michigan.  You can call them at 774-0121 to obtain information on how the process work or if both parties agree, you may be able to attend mediation on the day of the court hearing before the court trial.  Mediation is a process in which both parties sit down with a trained mediator and each party explains the issues causing the problem. The mediator helps the parties find a workable solution.  Mediation can help avoid the confrontational court setting in which there is the possibility of losing your entire case.  If you try mediation but are unable to come to an agreement, your case will be heard by the court on the scheduled date.

Collecting Money on a Judgment

If you sued someone for money and received a judgment against that person, you have the right to collect the money.

How Much Can I Collect?
You can collect the amount stated on your judgment plus any interest that has accumulated.

How Can I Collect My Money?
There are several ways you can collect your money:

1. If the other party (defendant) has the money and is present at trial, s/he can pay you right then.
2. If s/he does not have the money at that time and you both agree at the trial, the judge can set up a payment plan. If the defendant is not present at the trial, the court will send a copy of the judgment to the defendant. The judgment will order the defendant to pay you in full within 21 days or tell you and the court where s/he works and the location of his/her bank accounts on form DC 87 Affidavit of Judgment Debtor.
3. If the defendant doesn't pay the judgment as ordered, you will have to collect the money through an execution against property or a garnishment.

What is Execution?
Execution is a court procedure allowing a court officer to seize property belonging to the defendant which can be sold to pay for the judgment. If you want to file an execution against property, you may use form MC 19, Execution against property.

What is Garnishment?
Garnishment is a court procedure allowing you to collect your judgment directly from the defendant's wages, bank account, or other source such as income tax refunds. If you want to file a garnishment, see the clerk for the proper form. Instructions are included with the forms.

How Do I Get An Execution Against Property Or A Garnishment?
To get an execution against property or a garnishment, you will need to know where the defendant lives and works, what assets s/he has and where those assets are located, and any other.