Small Claims

The small claims division provides a forum for resolving money disputes up to $7,000. In small claims cases, the parties represent themselves and cannot be represented by an attorney. In the 61st District Court, the case will be heard by the attorney magistrate.

The cause of action for a small claims case must have occurred in the City of Grand Rapids, or the defendants must reside or do business in the City of Grand Rapids.

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, use SCAO Form DC 84.

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.

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

Requirements

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. If you want an attorney, you can request that the case be removed to the General Civil division. The defendant may also demand removal to General Civil if they want an attorney.

What does it cost?

For a list of fees, view the Fee Schedule.

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.

How to file

Sign 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. 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.

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.

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 a Fee Waiver Request (form MC 20) to fill out. Click here for service fees.

When the filing is received, the clerk will record the filing of the claim, assign a case number. The attorney magistrate will be assigned to the case. The clerk will complete the notice of hearing.

The clerk will keep the original Affidavit and Claim for the court file. The clerk will arrange service on each defendant based on the method you request, either by certified mail (return receipt requested) or by personal service.

If you request personal service, service fees are paid directly to the process server in the amount determined by the process server. After service is completed, the remaining copy of the form will be returned to you.

To file with the court in person, take all four copies of the form that you made to the clerk of the court. Bring your photo identification and your payment for the filing fee with you. Sign the affidavit and claim in front of the clerk of the court.

To file with the court by mail, you need to decide how you want to have the affidavit and claim served on each defendant because you will need to include payment for service when you mail your claim to the court. Contact the court to find out what it will cost. Place all four copies of the signed and notarized affidavit and claim form, payment for the filing fee, payment for service, and one self addressed postage-paid envelope in an envelope addressed to the 61st District Court.

File proof of service with the court.

After the Affidavit and Claim is served on the defendant, proof of service must be filed with the court.

• If service is completed by a 61st District Court officer or through court service by certified mail, the court will complete the proof of service.
• If you use your own process server (someone who is not an officer of the 61st District Court), you may be responsible for obtaining the completed proof of service from the process server and submitting it to the court.

If the process server is unable to serve the affidavit and claim on a defendant by personal service, the process server may serve the form by one of the other methods stated in MCR 2.105. It may be necessary for the court to reschedule the appearance date if it appears a defendant will not receive notice at least 7 days before the appearance date.

Before the Hearing

• The person or business you are suing has the right to ask that the case be heard in a district court, which is the general civil division. This removal does allow either party to then hire an attorney if desired. You will be notified if the defendant makes such a request.
• It is also possible that the defendant will offer to pay out of court once a notice of your pending lawsuit is received. If you reach such an agreement, make sure that the terms of payment are put in writing and signed by both you and the defendant. Then file a copy of the agreement with the court. Once accepted by the court, the agreement becomes an official judgment of the court and is enforceable by law. Also the parties may agree to drop the case entirely, in which case a dismissal form should be filed in order to close the case.
• You should also contact any witnesses you want to appear in court on your behalf to document your claim.
• The hearing will take place at the court where you filed your claim, unless another location is specified by the court. Be there on time. Be sure to bring all your evidence with you, or for virtual hearings, you may upload your evidence by following the instructions on the notice,  and make sure any witnesses are there on time.
• If you do not attend the hearing and have not notified the court, your claim may be dismissed. If the defendant does not appear and the court determines the defendant had proper notice of the lawsuit and hearing, the court will usually enter a default judgment. A default judgment means the court may decide in your favor because the defendant did not appear to present their side.

Collecting Your Money

If the judge decides in your favor, the defendant may be ordered to pay you the amount awarded, plus allowable court costs. If the defendant does not pay as ordered, there are collection options available to you. Once the judgment is paid, the plaintiff is responsible for filing a Satisfaction of Judgment (MC 17) with the court.

Read more about your options: Collecting Your Money from a Small Claims Judgment