Small claims forms · Michigan
Michigan small claims court forms, filled in for you
Answer a few questions once. Vera fills in the Michigan court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.
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Small Claims Affidavit (DC 84)
The court's own form (www.courts.michigan.gov)
What to know
- This is the State Court Administrative Office's Small Claims Affidavit (DC 84, SCAO Approved, Revised 6/26), marked "Mandatory Use". It starts a small claims case and is completed by the plaintiff (the form).
- File it with the district court in the county where the claim happened or in the county where the defendant is established, resides, or is employed (Small Claims Overview, DC 84info, part B). In districts of the second or third class the law says the district rather than the county, and with more than one defendant, where any defendant is established, resides or is employed (MCL 600.8415(1), (2)).
- The small claims division hears only claims for money, up to $7,000 from January 1, 2024 (MCL 600.8401(e)). By filing, you give up the right to collect more than $7,000 on the claim, have an attorney, have a jury trial, and appeal a judge's decision (the form, item 2).
- No lawyers: "An attorney at law, except on the attorney's own behalf, ... shall not take part in the filing, prosecution, or defense of litigation in the small claims division" (MCL 600.8408(1)). A sole proprietorship, partnership or corporation may be represented by an officer or employee who has direct and personal knowledge of the facts in dispute (MCL 600.8408(2)).
- Vera filled the court's name only when your court's name gives the district's number, the case number if your case has one, your name as plaintiff and under the signature, and the defendant's name. From your answers in Court forms it filled the address, phone and email under each name, and marked what kind of party the defendant is: "an individual" if you said the defendant is a person; for a business, a partnership, a sole proprietorship or a corporation as you said, or "other" with "limited liability company" for an LLC. Check each one. Add the court's phone and address (the form).
- Still yours in part A: mark what kind of party you are (an individual, a partnership, a sole proprietorship, a corporation or other); if the defendant is a government agency or another kind of business, or you did not know, mark its kind yourself; and answer item 1 about any earlier case between these parties about the same events (the form). Vera marks none of them.
- From your answers Vera filled items 3 to 5: the date of what happened (item 3, "(mm/dd/yyyy)"), the full amount of the claim (item 4), and the reasons, followed by how you added up the amount (item 5). The form asks you to "Include dates, amounts, and what happened" and to attach more pages if needed; if it went on over several dates, add them in item 3. Costs are not part of the claim amount (the form).
- If there is more than one plaintiff or defendant, check the box in part A and attach the Small Claims Affidavit Addendum (DC 84a), which Vera also offers (the form; Small Claims Overview, DC 84info, part B). If you told Vera about a second defendant, Vera checked that box and put the second defendant on the addendum. Any other added plaintiff or defendant is yours to add.
- The form has no separate blank for interest or for the kind of claim. If you are asking for interest, describe it in item 5 (how much, at what rate, from when) and check that item 4 is the full amount you claim (the form, items 4 and 5).
- "Wait to sign this form until you are in front of a notary or deputy clerk." A notary or deputy clerk checks your ID, has you swear or affirm the affidavit is true, and watches you sign (the form, part C). Vera never signs or dates a form.
- Filing and processing fee, paid when you file: "$30 (for claims up to $600), $50 (for claims between $600-$1,750), or $70 (for claims over $1,750)". If you cannot afford it, file a Fee Waiver Request (MC 20) with the affidavit. The court may also charge service fees and copy fees. Ask the court whether you can file in person, by mail or through MiFile (Small Claims Overview, DC 84info, parts B and C).
- After filing, the clerk sets the hearing and arranges service on the defendant of the affidavit, the Small Claims Notice of Hearing and the Small Claims Overview, by certified mail or a process server (Small Claims Overview, DC 84info, part C). The law provides for certified mail made by the clerk, return receipt requested and deliverable to the addressee only, or personal service (MCL 600.8405). The Notice of Hearing (DC 84n), the last page of this file, is completed by the court (the form).
- Go to the hearing and bring all evidence (papers, witnesses, photos, emails). If you do not appear, the court may dismiss the claim. The case may be heard by a magistrate unless you ask for a judge in writing or before the hearing starts, and either party may remove the case to the general civil division with the Small Claims Demand for Removal (DC 86) or by asking before the hearing starts (the form, part E; MCL 600.8408(4)).
- If the claim is for a residential security deposit: the landlord must mail an itemized notice of damages within 30 days after the occupancy ends (MCL 554.609); without it, the landlord has agreed that no damages are due and must return the full deposit (MCL 554.610). Failure to comply fully with MCL 554.613, which requires a court action within 45 days or return of the balance, "constitutes waiver of all claimed damages and makes him liable to the tenant for double the amount of the security deposit retained" (MCL 554.613).
Small Claims Affidavit Addendum (DC 84a)
Only if there is more than one plaintiff or defendant.
The court's own form (www.courts.michigan.gov)
What to know
- The Small Claims Affidavit Addendum (DC 84a, SCAO Approved, Revised 6/26) lists up to four more plaintiffs or defendants on each copy. It "may only be used with the Small Claims Affidavit (Form DC 84)": attach the completed form or forms to the affidavit and check the box in the affidavit's part A (the form; DC 84).
- Vera filled the case number, if your case has one. If you told Vera about a second defendant, it filled that defendant's name and address as additional party 1 and marked "a defendant". Mark what kind of party it is (an individual, a partnership, a sole proprietorship, a corporation or other) and add its phone and email; Vera was not told them. For any other added party, mark whether it is a plaintiff or a defendant and what kind of party it is, and add its name, address, phone and email (the form).
If you were sued (you're the defendant)
- There is no answer form. Go to the hearing on the Small Claims Notice of Hearing and bring all evidence (papers, witnesses, photos, emails) (Small Claims Affidavit, DC 84, part D; MCL 600.8404(1)).
- If you do not attend, a default judgment may be entered for the amount claimed (up to $7,000) plus the plaintiff's costs (DC 84, part D).
- Even without a defense, you may appear and ask for installment payments (MCL 600.8404(1)(e); DC 84, part D).
- Lawyers may not take part in small claims, except on their own behalf (MCL 600.8408(1)).
- Before the hearing starts, either party may remove the case to the general civil division with the Small Claims Demand for Removal (DC 86) or by asking the judge or magistrate, or ask for a judge instead of a magistrate. A magistrate's decision may be appealed to the district judge within 7 days; a judge's decision is final (DC 84, part E; MCL 600.8408(4)).
Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.