SMALL CLAIMS DIVISION

(616) 527-5349

WHAT IS SMALL CLAIMS COURT?

The Small Claims Court is a division of the District Court system. Its purpose is to provide a court to be used by people without the aid of an attorney to settle claims of $3,000.00 or less.

A party may seek legal advice before or after a hearing, however they may not have an attorney represent them in court. Each party simply states their case in their own words and after both sides are heard, the Judge or Magistrate makes a ruling.

The parties must comply witht the Judge's ruling. It is important to remember that a Judge's decision is final in Small Claims Court. It cannot be appealed to a higher court. You must understand the following:

• Staff members of the court are attorneys and therefore are not allowed to give any legal advice.
• The Judge, who is an attorney, may not and will not advise on matters that he may have to rule on.
• The Court can render only money Judgments and has no power to force anyone to do something or stop doing something.

STARTING A SMALL CLAIMS SUIT:

To start a Small Claims suit in Ionia county, the following must be true:

• The subject matter of the suit must be in Ionia County, the action must have occured in Ionia County or the Defendant must reside in Ionia County.
• You (the Plaintiff) must have a direct interest in the suite.
• Your claim may not exceed $3,000.00

You (the Plaintiff) must also not have:

• An attorney represent you in court.
• A jury decide your case.
• An appeal of the Judge's decision.

The Defendant cannot be forced to waive these rights. If the Defendant refuses, the matter will be transferred to the general civil division of the District Court. This may not be known until the time of the hearing / trial.

THE PLAINTIFF IS RESPONSIBILE FOR PROVIDING THE COURT WITH THE FOLLOWING:

• Your full name and current address
• Defendant's name and current address
• Amount of claim and pertinent dates
• A statement as to the nature of the claim
• A check, cash or money order for the amount of the filing fee (See the Fees, Costs and Fines section to determine if the filing fee will be $25.00, $45.00 or $65.00)
• An additional service fee for EACH Defendant. Each Defendant is served with a copy of the Summons which is effected in one of two ways: 1). A copy is left with the Defendant personally by a court officer or process server, which has a fee of $21.00 plus mileage, or 2). Certified mail to addressee only with return receipt requested; if certified mail is not picked up by Defendant, the court cannot proceed.

SETTLEMENT PRIOR TO HEARING DATE:

If a settlement is made prior to Defendant being served with the Summons, you are not entitled to your court costs. If settlement is made after he is served, you are entitled to add your court costs to the Judgment amount (but the Judgment cannot exceed $3,000.00). If a lump sum settlement is not possible and you agree to installment payments, you must reduce the settlement to writing and it must be signed by both parties to avoid future disputes. If the claim is paid you should dismiss the suit.

 Link to Small Claims and Garnishment Forms