On the Mediation Date
Parties are expected to appear on time and should check in at Hearing Room D on the first floor.
The case will be assigned to an experienced mediator, who will attempt
to assist the parties in reaching a settlement. Mediation offers
parties an opportunity to discuss the case in a more relaxed, informal
setting rather than going before a Judge or Magistrate.
Both sides will have an opportunity to discuss their views
about the claim with the mediator. Parties should bring applicable
evidence and documentation with them to the mediation hearing.
If a defendant fails to appear and the Court determines that
they had proper notice, a default judgment will be prepared and
submitted to the Magistrate for approval and mailed to the parties
within a week.
If the plaintiff fails to appear, the claim may be dismissed.
If both parties appear and agree to a settlement, the mediator
will indicate the terms of the agreement on a judgment form to be
signed by both parties. The Magistrate will later review the mediation
settlement and sign the judgment. Parties will receive their copies
within a week.
If both parties appear and cannot agree to a settlement, the
case will be scheduled before a Magistrate for a hearing. Parties will
receive notice of the new court date by mail within 10 days.
Hearing Before the Magistrate
Claims that are not resolved through the mediation process will be heard by the Magistrate. [Note: a small claims case may
not be removed to the General Civil Docket after a hearing has been held by the Magistrate.]
When the case is called, the plaintiff takes the stand, is sworn and
makes a statement as to why the defendant is liable. The plaintiff may
offer other witnesses and evidence, if any.
The defendant may then take the stand and make a statement as
to why they are not liable and, likewise, may offer other witnesses and
evidence, if any.
Each party has the right to question the other party or his
witnesses while they are on the stand and after they have completed
their statements. This is called cross examination. This must be in the
form of questions. All statements are to be made to the Court. You
should only address the other party or witness in the form of a
question and should not argue with the other party or his witnesses
directly.
After the testimony and evidence has been presented, each
party has an opportunity to summarize the matter before the Magistrate.
The Magistrate will then either render a decision at the end
of the case or take the matter under advisement. In the latter event,
the decision will be mailed to the parties.
If the plaintiff prevails, the court costs are usually added to the amount of the judgment.
Once the judgment has been entered, the parties have seven days
to appeal the Magistrate's decision by completing an appeal form. The
matter will then be scheduled for a new trial before a Judge within
30-45 days. The judgment entered by a Judge cannot be appealed.
Again, it is essential that each party have the evidence and
witnesses with him/her at the time of the hearing. It is difficult for
the Court to render a fair decision with less than all the facts. If
you need witnesses, you must subpoena them well in advance to ensure
their presence.
Collecting the Judgment
It is the plaintiff's responsibility to
collect the judgment, not the Court's. The Court encourages the parties
to agree among themselves how to pay the judgment. Parties may choose
between lump sum or installation payments. Any agreement reached should be reduced to writing, signed by both parties and a copy filed with the court to eliminate a future dispute on the terms of the agreement.
If an agreement cannot be reached, the defendant has the right to
petition the Court to set aside the payments. The defendant must
provide the Court with all income and expense information to permit the
Court to set aside payments that are reasonable, yet satisfying the
judgment without undue delay.
If the payment agreement or Order Setting Payments is
followed, the plaintiff may not take further Court action to collect
against the defendant's wages.
If the defendant will not voluntarily pay the judgment, there are several options available to you:
Garnishment - If you know where money is owed the defendant,
such as wages, bank accounts, etc., you may file a garnishment to
collect this money. A plaintiff must wait 21 days after the judgment
has been entered to file a writ of garnishment. The garnishment is
filed against the person or business having possession of the monies.
They are referred to as the garnishee. As previously mentioned, income
such as welfare, unemployment, social security, etc., cannot be
garnished.
To file a garnishment, you are responsible for the following:
- The name of the party who owes the defendant money (this will be the garnishee)
- The proper name and address of the garnishee
- The amount the defendant still owes you on the judgment
- Filing fee of $15
- Service fee of $13, plus mileage
The garnishee has 14 days after they are
served with the writ of garnishment to let you, the Court and the
defendant know if there are monies owed. In the case of wages, you are
not entitled to the defendant's entire paycheck; only a portion of it,
as determined by a federal formula.
Please note that a garnishment cannot be issued prior to a
judgment and once a garnishment has been issued, the Court is powerless
to stop it, unless dismissal is requested by the plaintiff.
Writ of Execution - If information necessary to file a
garnishment is unknown, but the defendant has physical property, you
may want to file a Writ of Execution. This process allows a Court
Officer to seize property to satisfy a money judgment. The Court
Officer may require information on the property to be seized, such as
vehicle title information, in order to act upon the execution.
A plaintiff must wait 21 days before filing an execution. There is a $15 filing fee for a Writ of Execution.
Discovery Subpoena - If you don't have information necessary to
file a garnishment or a writ of execution, you may file a
Judgment/Debtor Discovery Subpoena. This subpoena must name an
individual, not a business. It is served on that person ordering them
to appear for questioning as to their assets on the date set. If the
party fails to appear, the Judge may issue a warrant.
A plaintiff must wait 21 days before filing a Discovery
Subpoena. There is a $15 filing fee, $16 service fee, plus mileage for
this action.
Abstract of Judgment - If your suit involves a traffic
accident, you may request that the Court prepare an abstract of
judgment which would suspend the driver's license (Michigan only) of
the defendant until the judgment has been satisfied. When filing an
Abstract of Judgment, you must wait 30 days after the judgment date and
must have the defendant's full name, date of birth and Michigan
driver's license number. There is no fee for filing an Abstract of
Judgment.
Interest on Judgment - Interest may be calculated on small
claim judgments. Interest rates change every six months and are posted
at the Civil Division counter. Court staff cannot provide assistance in
computing interest.
If you request that interest be included in your judgment, you
must provide the Court with a written summary of the calculated
interest you are requesting.
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