Sterling Heights, MI asked in Consumer Law, Contracts, Products Liability and Real Estate Law for Michigan

Q: What is filed in civil court veras small claims when the police refuse to go criminally after a contractor?

My contractor took money and did not do or finish jobs. Also found out he took money he claimed to give the subcontractor and didn't give him that money either. I am not over budget and 23 weeks behind. I want to go after the contractor and was told some of what he did was criminal and the police told me they will not be going after him. I am down over $30k and an unfished home and no where for my kids to call home without paying 2 mortages.

2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Jackson, MI
  • Licensed in Michigan

A: If you are out more than $30,000 due to the contractor’s breach of contract, you’ll need to file suit in circuit court. The district court only covers claims up to $25,000, and small claims only up to $6,000.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from Internet discussion boards, such as this one.

Adam Alexander
Adam Alexander
Answered
  • Consumer Law Lawyer
  • Southfield, MI
  • Licensed in Michigan

A: Criminal court is different than civil court. Law enforcement often refuse to prosecute wrongdoers (criminally) and tell consumers that this is a "civil matter". Accordingly, if you wish to pursue the wrongdoer, you must to so by filing a civil lawsuit. Small claims court limits damages to $6,000, as noted by Mr. Harris. You may want to consult with a consumer protection attorney if you are seeking damages in excess of $6,000..

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