Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 27
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39When you go to court for a hearing, take
has finished, the defendant will have an
with you all the evidence you believe proves
opportunity to explain his or her side of the
your claim. This might include a sales
case. Each party should listen carefully. If
receipt, guarantee, lease, contract, or
either party thinks someone is leaving
accident report. If a damaged article is too
something out or is misstating facts, they
big to bring with you, photographs can be
should be sure to tell the judge. Both parties
presented as evidence. Any witnesses you
should take their time and tell what
would like to speak on your behalf should
happened in their own words and why they
appear in court as well.
think the judge should order what they seek.
The plaintiff will be seeking the relief
Remember, a small claims case will be
requested in the claim, while the defendant
heard by a judge or attorney magistrate; you
may ask the court to grant the relief
have no right to a jury trial, and the hearing
requested, grant some other form of relief,
will not be recorded.
or dismiss the claim altogether. Each party
Either party has the right to ask that the
may present evidence to support his or her
case be heard in the general civil division of
argument. Witnesses will be allowed to tell
the district court. If you want to have the
the court about facts they know that support
case moved to the general civil division of
this evidence.
the district court, you can complete the
A judge’s decision in the small claims
Demand for Removal, form DC 86, print it,
division is final. Neither party can appeal to
and bring it to the court before or on the day
a higher court once the judge has made a
of the hearing. You must file the form with
decision in the small claims division;
the court clerk. The court will notify the
although, on petition by either party, the
person filing the lawsuit if the defendant
same judge may reopen the case. Either
makes such a request. In the general civil
party may appeal a magistrate’s decision.
division of the district court, both the
The case will be rescheduled before a
plaintiff and the defendant have the right to
district judge and both parties will explain
be represented by an attorney. Whoever
their case again.
loses the case may be ordered to pay court
costs and attorney fees.
Judgment
The court prepares the Small Claims
Q4 What Happens at the Hearing?
Judgment, form DC 85, after the hearing.
The hearing will usually take place at the
The court will also make sure that the
court where the claim was filed. It is
judgment is given or sent to both parties.
important to be there on time; if you filed
the lawsuit and are not in court when your
Q5 How Do I Collect My Money?
case is called, the case may be dismissed. If
If you obtain a judgment against the
you are the defendant and are not in court
defendant, the court will provide you with
when your case is called, a default judgment
instructions regarding post judgment
may be entered against you. Bring all of
collections. The defendant may pay the
your relevant papers or other evidence and
judgment plus court costs immediately after
make sure your witnesses will be on time.
the hearing, but if he/she does not have the
The court clerk will call the case and
money to pay right away, the judge may
both parties will appear before the judge or
allow a reasonable time to pay and may set
magistrate. The judge will ask the plaintiff
up a payment schedule.
to state his or her claim. When the plaintiff
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 25
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