Michigan > Statewide > Small Claims
Affidavit And Claim DC 84 - Michigan
| Affidavit And Claim Form. This is a Michigan form and can be used in Small Claims Statewide . |
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HOW TO GET A MONEY JUDGMENT IN SMALL CLAIMS COURT Form DC 84 AFFIDAVIT AND CLAIM, SMALL CLAIMS Use 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 $5,000. If your claim is for more than $5,000, you can still use the small claims division but your judgment award cannot exceed $5,000 and you permanently waive the right to collect the rest of your claim. American LegalNet, Inc. www.FormsWorkFlow.com CLAIM CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. 2. 3. 4. 5. Fill out all requested information on the form? Make all necessary copies of the form? File the form and filing fee with the clerk of the court? Have the form served on the defendant? Keep one copy of the form for yourself? YES YES YES YES YES If you cannot answer "yes" to all the above steps, a trial on your claim may be delayed or your claim may be dismissed. By using this form packet you are representing yourself or an employer, a business, or other organizaiton in a small claims court action. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the court may not be able to give you the result you want. If you have questions about any step in the process, refer to pages 3 through 5 of this booklet for details and review the information in the Self-Help Center at http://courts.michigan.gov/scao/selfhelp/smallclaims/sc_help.htm. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM DC 84 FILING AND SERVING A CLAIM »» WHO CAN FILE A CLAIM An affidavit and claim can be signed and filed by someone other than the plaintiff. The plaintiff can be yourself if you are suing as an individual or a sole proprietor (sole owner of a business). If you are not the plaintiff, but you are filing the claim for a sole proprietorship (a business owned by one person), corporation, or other organization, you must meet the following conditions: · If you are filing for an individual and you are not that individual, you must be the individual's guardian, conservator, or next friend. · If you are filing for a sole proprietor (sole owner of a business) and you are not the owner, you must be a full-time salaried employee of the sole proprietor and you must have knowledge of the facts in the claim. · If you are filing for a partnership, you must be one of the partners or you must be a full-time salaried employee of the partnership and you must have knowledge of the facts in the claim. · If you are filing for a corporation, you must be a full-time salaried employee of the corporation and you must have knowledge of the facts in the claim. · If you are filing for a county, city, village, township, or local or intermediate school district, you must be an elected or appointed officer or employee of the county, city, village, township, or 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 intermediate school district to file the claim. »» FILING A CLAIM 1. Can I have an attorney? If you decide to file a claim in the small claims division of the district court, an attorney cannot 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. 2. What does it cost? The fee for filing a claim in the small claims division of the district court is: $25 for damage claims up to $600 $45 for damage claims from $600 to $1,750 $65 for damage claims over $1,750 to $5,000 The plaintiff is responsible for paying the filing fee and other fees. If the judge rules in favor of the plaintiff, these fees may be added to the judgment amount against the defendant. 3. Signing the affidavit and claim under oath. The affidavit and claim form must be signed under oath in front of a notary public (you can find one at a bank) or the clerk of the court. The person signing the form must show photo identification to the notary public or clerk of the court before signing the affidavit and claim. The form can only be signed by the person who can file a claim, as stated above, under Who Can File a Claim. Before you complete the form, you should decide whether you want to sign the affidavit and claim in front of a notary public or in front of the clerk of the court. If you decide to sign the affidavit and claim in front of a notary public, you only need to print out one copy of the form after completing it. PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com 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. 4. Fill out the affidavit and claim form. Fill out form DC 84 (Affidavit and Claim, Small Claims) on the website or get a paper copy of the form from the court to fill out. Follow the instructions on page 6. After completing form DC 84, print out the number of copies you need (see Step 3 on pages 3 and 4). 5. File the affidavit and claim with the court and make arrangements for service. You can file the affidavit and claim with the court in person or by mail. You must pay the filing fees at the same time you file the affidavit and claim. If you can't afford to pay the filing fee, ask the clerk of the court for an Affidavit and Order, Suspension of Fees/Costs (form MC 20 which is not included in this packet) to fill out. Service fees can cost as l
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