Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 26
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39than one person or business, the suit may be
have several ways to respond to the affidavit
filed in the district court where any of the
and claim.
persons live, or where any of the businesses
If you want to deny the claim, you must
operate.
either answer the complaint before the
The cost of filing your lawsuit is $25 for
hearing date or appear in court on the
claims up to $600, $45 for claims over $600
hearing date, bringing with you any
up to $1,750, and $65 for claims over
evidence you have to support your denial. If
$1,750 up to $3,000. As the plaintiff, you
you want an attorney to represent you, you
are responsible for paying the filing fee and
should tell the court before the hearing, and
other required fees. Some of the other fees
the case will be transferred from small
are postage or service fees. Ask the court for
claims court to the regular district court.
this information and be sure to bring this
If you have a claim against the person
amount with you when you file your claim.
who is suing you, you can also file a
The amount of the fees can be included as
counterclaim. Your written counterclaim
part of the judgment against the defendant
should be filed with the court and served by
(the person you are suing) if the judge
first-class mail to the person suing you.
decides in your favor. After you have filed
If you fail to appear for the hearing, the
your claim, the court will notify the other
court may enter a default judgment against
party that you have filed a claim against
you. This means the judge may grant a
them and the date they are to be in court.
judgment for the plaintiff without hearing
The defendant can respond before the
your response to the complaint.
hearing.
The entry of a judgment may appear on
The defendant may offer to settle out of
your credit report.
court after learning you have filed a suit. If
you settle the matter out of court, you can
Q3 How Do I Prepare for the Hearing?
either voluntarily dismiss your lawsuit or
On the hearing date, any of the following
obtain a judgment. If you want an
may happen:
enforceable judgment, the terms of your
agreement must be spelled out in writing
1. If both the plaintiff and the defendant
and signed by both you and the defendant. A
appear, the judge may recommend that the
copy of the agreement must be filed with the
parties go to mediation and the case may be
court.
adjourned. If either party does not want to
attempt mediation, the hearing will proceed.
Serving the Affidavit and Claim
2. If the plaintiff does not appear and the
After you have filed your affidavit and
defendant does appear, the case may be
claim, the court will notify the defendant
dismissed.
that you have filed a claim against them and
the date they are to be in court. See MCR
3. If the defendant does not appear, the
4.303 for information on service
plaintiff may ask for a “default” judgment.
requirements.
This means that if the judge decides the
plaintiff has a good claim, the plaintiff can
Q2 What Do I Do If I Have Been Sued in
obtain a judgment without a hearing because
Small Claims Court?
the defendant did not appear to challenge the
If you are served with court papers from
claim.
the small claims division of the district
court, you are called the defendant. You
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 24
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