Can't afford a lawyer? Here's how to file your own suit in Small Claims Court
Being owed money can be downright annoying, especially when the person who owes the debt is ignoring you.
Or worse yet, refuses to pay you back.
Take a deep breath — you have legal recourse. And you don't need a lawyer.
You can sue in Small Claims Court — America's legal intervention center for those looking to recover money without having to hire an attorney, whose costs can be exorbitant for those down on their luck: The average rate for Michigan lawyers in 2022 was $269 an hour, according to Law Pay and Statista.
But in Small Claims Court, you act as your own lawyer and can sue debtors of all sorts.
Landlords. A boss who owes you a check. A car insurance company that didn't cover damages. Even a family that stiffed you on babysitting.
More than 32,000 Michiganders sought legal relief in Small Claims Court in 2021 over financial disputes. According to multiple lawyers, Michigan Legal Help and the State Court Administrative Office, here's what you need to know if you want to pursue a small claims case:
Money owed must be $6,500 or less
To file a Small Claims case in Michigan, the amount you are suing for which you are suing must be $6,500 or less. If it's more, you can still file a small claims case, but you cannot collect more than $6,500 if a judge rules in your favor.
The fee for filing a case in Small Claims Court is as follows:
$30 for claims up to $600
$50 for claims from $600-1,750
$70 for claims $1,750-6,500
The plaintiff is responsible for the filing fee, though if the judge rules in your favor, the fee may be added to the judgment against the defendant. You also have to pay to have the person served, which ranges from $15-$26 — possibly more if you have to cover mileage.
'There are no lawyers ... don't be intimidated'
The Free Press interviewed multiple top-shelf lawyers who have been litigating cases for decades, and know firsthand how intimidating the courts can be. Though they encourage the public to use the small claims process, stressing it's less daunting and more user-friendly than the "regular" court system.
"Of course people are very intimidated. It's court. It's a real court with real paperwork. But the good thing is everyone is in the same court. There are no lawyers," said veteran employment and civil rights attorney Deb Gordon, who has encouraged numerous plaintiffs over the years to use Small Claims Court.
"Often they don’t even know it exists," Gordon said. "I tell people, 'Go online, read about it. This is designed for you to be able to handle this, so don’t feel intimidated."
'You've gotta have a compelling story'
Before filing a claim, Gordon advises people to consider if the person or entity they are suing has the ability to pay, and, if it's worth their time and the filing fee. If the answers are yes, she said, then get your evidence ready — be it a witness, documents or a letter to support your claim.
And don't go in with a weak story, warned Gordon, who in three decades of trying cases has won numerous multimillion verdicts against companies.
"You've gotta have a compelling story. It's gotta be, 'I was really wronged, and here's why I deserve a judgment, your honor,'" Gordon said. "If you think you weren't treated properly that's not going to get you anywhere."
Attorney Wade Fink, a criminal defense lawyer who has also successfully sued large corporations and banks in civil matters, also endorses the small claims avenue, noting the costs of normal litigation could very quickly put you in over your head compared with what you're actually owed.
But before heading to court, Wade advises, you should first try and work it out.
"The first thing you should do, if possible, is try to resolve it amicably between the parties," Fink said. "We’re all human and sometimes if everyone just takes a breath and talks through an issue, it can get resolved."
But if that's not possible, Wade says, get your small claims forms ready.
Here's how to file
To start a case, you must first fill out an affidavit and claim, available here. You can also get the forms by going to your district court and telling the clerk you want to file a small claims case.
When you fill out the form, leave the signature line blank. You must sign in front of a notary or court clerk.
You can file your case with the district court clerk — either where the dispute took place or where the defendant lives or works. For example, if you're a landscaper in Warren, and you did yard work for someone in Birmingham and they didn't pay you, you can sue them in the district court in Birmingham.
When you file with the clerk, you pay the filing fee. The clerk will give you a case number, assign a judge or magistrate and give you a hearing date notice. The hearing is when you appear before the judge and state your case.
Notify the defendant. After you file your claim, the court will send a copy — or serve — the defendant. You pay for this service. You can tell the clerk when you file that you want the defendant served either by certified mail, which costs as little as $15, or by personal service, which is up to $26, plus mileage.
Prepare for the hearing. Gather your evidence.
Before your hearing date, make a list of evidence you plan to present. This can include:
A sales receipt.
A product guarantee.
A lease, contract or accident report.
A letter or affidavit from a witness. If the witness is willing to appear in court, bring them with you.
If a damaged article is too big to bring with you, you can present photos as evidence.
On the day of your hearing, arrive 10-15 minutes early and dress professionally.
Expert tips: Don't smirk. Be prepared.
Before heading into the courtroom, make sure to have your documents are organized and identified properly, advises seasoned attorney Shareef Akeel, who specializes in employment law, civil rights and personal injury, and has won numerous million-dollar verdicts and settlements over the years.
According to Akeel, small claims plaintiffs should present their cases in chronological order — it's simpler to understand that way — and having a timeline of the events is highly encouraged.
Akeel also offers the following courtroom etiquette tips:
Don't interrupt when the other person is talking, as much as you may disagree with what they are saying. In court, each person has their time to speak. Wait your turn.
Always be respectful to the judge and address them as "your honor."
Avoid suggestive, nonverbal cues, like nodding or smirking when the other person is talking.
"Showing respect for the other person will give you credibility as a person," Akeel said.
What you can — and cannot — sue for in Small Claims court
The only thing you recover in a small claims case is money. Examples of small claims cases include:
A dispute between a landlord and tenant about the return of a security deposit.
A contract dispute, such as a business not paying a publication for advertisements.
A car accident where the insurance company didn’t cover the damages.
A bad check.
A recreational trespass, such as someone trespasses on your property to hunt or fish. You can collect damages for that, or if a snowmobiler trespasses on your property and damages your shrubs or plants.
Here are some examples of what you cannot sue for in Small Claims Court: Fraud, libel, assault and battery.
Here's what happens at your hearing
A district court judge or magistrate will hear your case. If a judge hears it and issues a decision, it's final. If a magistrate rules against you, you have seven days to appeal.
If you settle before going to court, put the agreement in writing, sign it and ask the judge to enter it as the judgment. Or, you can request that the case be dismissed. About two-thirds of all small claims cases filed in Michigan last year — or 20,500 cases — either settled out of court or were dismissed. A verdict was issued in 3,300 cases — or 10% — though the data does not show if it was for or against the plaintiff.
If you dismiss the case and the defendant doesn’t honor the agreement, you have to start a new case. But if you ask the judge to enter what's known as a consent judgment, the court can order the defendant's wages garnisheed to get your money back.
There's also the option of removing the case and heading to district court. Both parties can request this, and both can have lawyers. But, attorneys note, it also means waiting much longer for an outcome because the rules for evidence and discovery are more complex and time-consuming there.
What happens if the defendant fails to show up?
One of three things could happen at your hearing if both you and the defendant show up.
The judge or magistrate might recommend mediation. Both sides agree and try to solve the problem.
Or, they disagree and the hearing starts. Plaintiff goes first.
Or, either party asks to move the case to district court.
If the plaintiff does not appear, the judge or magistrate may dismiss the case.
If the defendant fails to show up, the judge or magistrate may issue a default judgment, depending on what the plaintiff presents.
What if I win? What if I lose?
The judge or magistrate may issue a decision at the end of the hearing or may wait to decide. When a decision is made, the court gives each party a copy.
If you lose the case and the defendant had a counterclaim, you may have to pay the defendant.
If you win your case, here's how you can collect your money:
You can ask the judge to order a payment plan if your debtor can’t pay it in full, and you must both agree to the payment plan.
If your debtor doesn’t pay you as ordered by the judge — or falls behind on payments — the court can have their wages garnisheed or order the seizure of their property to satisfy a debt.
Small claims judgments expire after six years, so there's time to take action.
While the process doesn't guarantee a quick easy fix, legal experts note, the small claims avenue spares folks a hefty legal tab — which also comes with long delays — and gives them their day in court.
Jim Schaafsma, a housing attorney with the Michigan Poverty Law Program, views the small claims process as an important service, noting "a lot of people are very wary of the courts."
"I think that courts are becoming more sensitive to the needs of unrepresented litigants," said Schaafsma.
"I think there’s a lot that people can do," he added. "But it doesn’t mean that it’s easy to do."
For more information on how to file a claim in Small Claims Court, visit Michigan Legal Help at michiganlegalhelp.org, or the Michigan Supreme Court website at courts.michigan.gov/SCAO-forms/.
Tresa Baldas is an award-winning courts and legal issues reporter and was awarded the 2023 Wade H. McCree Award for the Advancement of Justice by the Michigan Press Association. Contact her at tbaldas@freepress.com
This article originally appeared on Detroit Free Press: How to file your own lawsuit in Small Claims Court, no lawyer needed
