Small Claim In Michigan
What is Small Claims Court?
Small claims court is a special division of the district court which hears cases involving $5,000 or less in damages. Cases involving more $5,000 and no more than $25,000 belong in the general civil division of the district court. Cases requesting damages over $25,000, or those which request equitable relief, belong in circuit court. Small claims cases typically involve breach of contract, rental security deposits, repair bills and other collections type actions.
Should I Remove My Case From Small Claims?
Why Do I Need an Attorney?
Sometimes issues arise which justify a removal of cases originally filed in small claims court to the general civil division of the district court. For example, sometimes complaints need to be amended because there are additional damages that were not identified in the original complaint. In these situations, it is appropriate to remove the claim to the general civil division. Also, defendants have an opportunity to counter-sue, and in those cases where they are requesting relief of over $5,000 it is appropriate to remove the case from small claims court.
Finally, there are some claims that a small claims division of the district court do not have jurisdiction to hear. For example, claims of fraud, libel, slander, assault, battery and other intentional torts may not be filed in small claims court. Unfortunately, many who file a small claims action are not aware of this fact, and many court clerks often overlook this when filing the complaint. These are some reasons why it may be appropriate to hire an attorney. In addition to the law, attorneys are familiar with the local court practices and procedures, and they are aware of the best methods to getting things done in a particular court.
Contact a Michigan Attorney Today
Akiva Goldman & Associates values all of its clients regardless of whether the claim at issue is worth $1 million or $1,000. We are familiar with all the courts in Metro Detroit, and we take great pride in providing quality legal services at a reasonable price. Contact us today for a free consultation at 586-268-2400.
How A Michigan Small Claims Attorney Can Help
Small claims courts have jurisdiction over a limited variety of claims. On many occasions it is appropriate to remove a claim that was originally filed in small claims court to the general civil division of the district court. All legal matters are important, and an attorney should be consulted whether the claim is in small claims, general civil division or the county circuit court. Contact us today for a free consultation and find out how our lawyers can help you.