Civil/Small Claims Division
What is small claims court?
The small claims court was established in 1968 as a division of the District Court system. Its purpose is to provide a court to be used by people without the aid of attorneys to settle monetary disputes of $3000 or less, or to acquire some type of fair settlement.
Some auto negligence cases may also be filed in the Small Claims court. Since July 1, 1980, the No-Fault Insurance Law permits lawsuits for accident-caused damages to motor vehicles under certain conditions. The maximum claim is $500. Damages cannot be covered by claimant's insurance, i.e., collision coverage. Recovery is barred for a party who is more than 50% at fault. However, comparative fault, if less than 50%, will be subtracted from the damages proved.
You do not need to know anything about the law to bring a suit in small claims court. Since lawyers are not allowed to argue cases for clients, you don't need a lawyer. You simply state your case in your own words. After both sides have been heard, the judge or magistrate decides on who is right.
If you win the case, the defendant must comply with the judge's ruling. It's important to remember that a judge's decision is final in small claims court. It cannot be appealed to a higher court. However, if the case is heard by a magistrate, either you or the defendant may ask that the case be reheard by a judge if the magistrate's decision is unfavorable.
How to submit a civil/small claims lawsuit:
The first step:
- File a claim against the person or business you want to sue. This is done in person at a district court office. The claim can be filed in the county where the defendant lives, the county where the business is located, or in the county where the transaction took place.
- Tell the clerk that you want to file a small claim. You will be be given instruction sheets explaining how the small claims division functions and how to begin and defend your case. You will also be given a simple form to fill out. The form is called an "Affidavit of Claim". You will need to know the exact name and address of the person or business you are suing, how much money you are suing for, and why you are suing. If you win the case, you are entitled to be reimbursed for the costs of filing your suit. Be sure to request the award of costs in your claim.
- Be sure that you give the correct and complete name and address of the defendant. This is very important. Unless you have the correct person or business and address, you may not be able to collect any money you are awarded.
- If you have any questions or need help, ask the civil clerk. He or she will help you as much as is legally possible. The clerk may tell you how to use the court, but may NOT give legal advice.
Before the hearing:
- The court will notify the defendant that you have filed a claim. This is called "serving the defendant" with a summons. Both you and the defendant will be notified of the date of appearance which has been set by the court. The hearing is usually at least 30 days from the time you first filed your suit. If the defendant cannot be located and served, the suit cannot go forward. A summons may be served by any legally competent adult who is not a party or an officer of a corporate party in the case.
- The person or business you are suing has the right to ask that the case be heard in a higher court, which is the general civil district court. You will be notified if the defendant makes such a request.
- It is also possible that the defendant will offer to pay out of court once a notice of your pending lawsuit is received. If you reach such an agreement, make sure that the terms of payment are put in writing and signed by both you and the defendant. Then file a copy of the agreement with the court. Once accepted by the court, the agreement becomes an official judgment of the court and is enforceable by law.
- You should also contact any witnesses you want to appear in court on your behalf to document your claim.
- The hearing will take place at the court where you filed your claim, unless another location is specified by the court. Be there on time. Be sure to bring all your evidence with you and make sure any witnesses are there on time.
- If you fail to attend the hearing without having notified the court, your claim will be dismissed. If the defendant does not show up for the hearing, the court will usually grant you a "default judgment". This means that the judge decides in your favor even though the other side of the case has not been presented.
Collecting your money
If the judge decides in your favor, that means the defendant must pay you the amount ordered by the judge plus a small amount in court costs. If the defendant refuses to abide by the order of the court, there are various options open to you.
Collecting Money From a Small Claims Judgment
| Filing Fees | |
|---|---|
| Summary Proceedings Possession of Premises only (No $$ Judgment) |
$45.00 |
| Filing Fees for Money Judgement | |
| Claims up to $600.00 | $70.00 |
| Claims from $600.01 to $1750.00 | $90.00 |
| Claims from $1750.01 to $10,000.00 | $110.00 |
| Claims from $10,000.01 to $25,000.00 | $195.00 |
| Small Claims (Limit of $3,000.00) | |
| Claims up to $600.00 | $25.00 |
| Claims from $600.01 to $1750.00 | $45.00 |
| Claims from $1750.01 to $3,000.00 | $65.00 |
| General Civil (Limit of $25,000.00) | |
| Claims up to $600.00 | $25.00 |
| Claims from $600.01 to $1750.00 | $45.00 |
| Claims from $1750.01 to $10,000.00 | $65.00 |
| Claims from $10,000.01 to $25,000.00 | $150.00 |
| Filing fee - other than money judgments (equal to claims over $1750.00) |
$65.00 |
| Service Fees | |
| Certified Mail | $10.00 |
| Court Officer | $21.00 + miles |
| Post Judgment Services | |
| Writ of Eviction | $15.00 |
| Writ of Garnishment | $15.00 |
| Request & Order to Seize Property | $15.00 |
| Subpoena on Discovery | $15.00 |
|
Service Fees on Post Judgment Court Officer |
|
| Writ of Eviction | $35.00 |
| Writ of Garnishment | $18.00 + miles |
| Request & Order to Seize Property | $35.00 + % |
| Subpoena on Discovery | $21.00 + miles |
| Jury Demand (including summons and alternate service) | $50.00 |
| Motion Fee - Civil Actions (Any & All Motions) | $20.00 |
* Multiple motions filed for the same case will only be charged one motion fee
