Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 25
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39dispute. Each party will get a chance to
or organization that must receive the form.
explain, uninterrupted, their point of
See the upper-right hand corner of each
view. The mediator will encourage
form to determine the mandatory number of
communication from all sides to uncover
copies and who must receive those copies.
facts, identify issues, and explore
When completing a form on-line, you must
possible solutions.
print the number of copies you will need for
filing with the court and service on the
(6) When the parties reach a solution, their
parties. Otherwise, you will have to
agreement will be put in writing by the
photocopy the proper number of copies
mediator. It is then a legally enforceable
before filing the form with the court. If you
document.
do not provide the court with the correct
number of copies, the court might reject the
COMMUNITY MEDIATION CENTERS
form for nonconformance under the
These centers provide conciliation,
authority of Michigan Court Rule 8.119(C).
mediation, and other forms of dispute
Unless specifically required by court rule or
resolution under Michigan’s Community
statute, the court is not responsible for
Dispute Resolution Act. (See list of
making copies of forms for you.
Community Mediation Centers at the end
The following forms and instructions for
of this Guide.)
completing and processing them are
provided online at the above stated address.
Small Claims Court
Make sure you read all the instructions and
follow them carefully.
The following information will take you
• Affidavit and Claim, DC 84
through the steps necessary in a proceeding
in the small claims division of the district
• Small Claims Judgment, DC 85
court. The following information can also be
• Demand and Order for Removal, DC
found at:
86
Q1 How Do I Begin a Small Claims
llclaims/sc_help.htm
Lawsuit?
Statutes and Court Rules
If you cannot resolve your dispute
Statutes and court rules associated with
through mediation, you can file a claim
small claims proceedings are: MCL
against the person or business in the small
600.8401 through MCL 600.8427 and
claims division of district court. To start the
Michigan Court Rules (MCR) 4.301 through
case, you (the plaintiff) must file an
MCR 4.306.
“affidavit and claim form” with the clerk of
the district court. You can go to the court
Using Court Forms
and tell the clerk you want to file a small
Court forms are available for use in
claims case. The clerk will give you an
small claims proceedings. These forms
Affidavit and Claim, form DC 84, to fill out.
follow the procedures stated in the Michigan
Or you can fill out the form available on this
Compiled Laws and Michigan Court Rules
website, print it, and bring it to the court.
and can be used without the assistance of an
Your case must be filed in the city or
attorney.
county where the transaction or dispute took
When using forms, you are required to
place, or where the person or business you
provide the total number of copies for use by
are suing is located. If you are suing more
the court, the parties, and any other person
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 23
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