HOW TO GET A MONEY JUDGMENTIN SMALL CLAIMS COURTForm DC 84AFFIDAVIT AND CLAIM,SMALL CLAIMSUse this form if you want to bring a lawsuit against someone who owes you money or who has caused damage to your property or possessions and you cannot resolve the dispute through mediation or other means. If your damage is the result of an intentional wrongdoing, such as fraud, libel, slander, malicious destruction of property, or assault and battery, you cannot bring your action in the small claims division of the district court unless the wrongdoing is for a dishonored check, consumer protection violation, or recreational trespass. You cannot use the small claims division of the district court if: 1) your case is against the State of Michigan or a state agency, 2) your case is against a local governmental unit that involves issues of governmental immunity, 3) you are an assignee or third-party beneficiary of the obligation, or 4) you have filed more than five small claims cases in the same week.The maximum you can collect through a judgment in the small claims division of the district court is $6,000. If your claim is for more than $6,000, you can still use the small claims division but your judgment award cannot exceed $6,000 and you permanently waive the right to collect the rest of your claim. American LegalNet, Inc. www.FormsWorkFlow.com en-USCLAIM CHECKLISTen-USUse the following checklist to make sure you have done all the steps that are needed.en-USDID YOU . . . þ 1. þ Fill out all requested information on the form? þ Yes þ þ 2. þ Make all necessary copies of the form? þ Yes þ þ þ þ þ þ þ þ þ þ þ þ þ þ 4. þ Have the form served on the defendant? þ Yes þ þ 5. þ Keep one copy of the form for yourself? þ Yes þ en-USIf you cannot answer 223yes224 to all the above steps, a trial on your claim may be delayed or en-USyour claims may be dismissed.en-USBy using this form packet you are representing yourself or an employer, a business, or en-USother organization in a small claims court action. In order to receive the action you seek, en-USyou must follow the instructions in this packet. If you fail to do even one of the required en-USsteps, the court may not be able to give you the result you want.en-USIf you have questions about any step in the process, refer to pages 3 through 5 of this en-USbooklet for details.en-USPAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM DC 84FILING AND SERVING A CLAIM273273 WHO CAN FILE A CLAIM yourself if you are suing as an individual or a sole proprietor (sole owner of a business). If you are not for a sole proprietorship (a business owned by one person), corporation, or other organization, you must meet the following conditions:225 guardian, conservator, or next friend.225 must be a full-time salaried employee of the sole proprietor and you must have knowledge of the facts in the claim. 225 salaried employee of the partnership and you must have knowledge of the facts in the claim. 225 and you must have knowledge of the facts in the claim. 225 local or intermediate school district who has knowledge of the facts surrounding the claim and who is authorized by the governing body of the county, city, village, township, or local or 273273 FILING A CLAIM1. Can I have an attorney? represent you. However, if the defendant wants an attorney, the defendant can demand that the claim be removed to the general civil division of the district court. PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com claim in front of a notary public, you only need to print out one copy of the form after completing it. You can make three additional copies afterward. If you go to the court in person, print all four copies of the form after completing it. print out the number of copies you need (see Step 3 on pages 3 and 4). service for each defendant. write the name of the district court judge or district court attorney magistrate assigned to the case to serve one copy on each defendant as you have instructed and paid, either by personal delivery or claim, the clerk will return the remaining copy of the form to you. clerk of the court. served on each defendant because you will need to include payment for service when you mail your 2.105. It may be necessary for the court to reschedule the appearance date if it appears a PAGE 4 American LegalNet, Inc. www.FormsWorkFlow.com 7. þ Prepare for the trial. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ witness will be accepted as evidence by the court without the witness being physically present at þ the trial, but it is better if you have the witness come to court. If a witness is unwilling to appear, you þ can ask the clerk of the court to issue an order to appear (subpoena), requiring the witness to þ appear at the trial. The order to appear must be served on the witness (along with any witness fee) þ no later than two days before the trial. You can pay the clerk of the court to make arrangements for þ service of this order. en-US273273 INFORMATION ABOUT ATTENDING THE HEARING þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-USgathered and witnesses who are willing to testify. If you received a written answer or counterclaim from en-USthe defendant, bring that also. The trial will usually take place at the location stated in the notice to appear. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-USis called, the case will probably be dismissed. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 2. þ Make a list of information you think is important for the district court judge or district court attorney þ þ magistrate to know. You can use this list as a reminder to bring up the points you think are þ important. 3. þ If you need someone to attend this hearing who is unwilling to attend, follow the procedure in þ þ þ þ þ þ þ þ þ þ þ þ þ þ 4. þ Go to the courtroom on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. þ Bring your witnesses with you. 5. þ Go into the courtroom, take a seat, and wait for your case to be called. Do not interrupt any þ hearing in progress. 6. þ The court clerk will call the case and you will appear before the district court judge or district þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ that support your evidence. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ or district court attorney magistrate. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ or district court attorney magistrate will instruct you about what to do next. en-US273273 COLLECTING A MONEY JUDGMENTen-USIf the court enters a money judgment in your favor and it is not paid when ordered, additional papers must þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-USseized. This cannot occur until 21 days after the judgment is entered. The court may ask that information þ þ þ þ þ þ þ en-UShttp://courts.mi.gov/self-help/center/collect/pages/default.en-USaspxen-US for details.en-USPAGE 5 American LegalNet, Inc. www.FormsWorkFlow.com en-USINSTRUCTIONS FOR COMPLETING "AFFIDAVIT AND CLAIM, SMALL CLAIMS"en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ legal name and any assumed name in which the business is being conducted. The defendant is the person þ being sued. If you are suing a business, state its legal name if you know it. If you do not know its legal name, þ state the name the business was using to conduct business. If there is more than one defendant, write the þ words "et al." after the name of the defendant and write the additional names and addresses on a separate þ þ sheet of paper. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ partner and you are suing for the partnership, check the box "a partner." If you are a full-time employee of þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ and if applicable, complete the blank for "other." þ The defendant can be either: 1) an individual, 2) a partner in a business partnership, 3) a corporation, 4) a sole þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ describes the defendan