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Michigan Small Claims Questions & Answers
3 Answers | Asked in Collections and Small Claims for Michigan on
Q: What are my options for upcoming summary judgment on defaulted credit card debt in Michigan?

I have an upcoming summary judgment regarding a defaulted credit card debt, and I do not have the funds to pay this amount at this time. I have already been served with the court documents. I also have no assets that can be seized and am more than willing to make payments to avoid a judgment if... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 24, 2025

Contact the law firm that filed the lawsuit and see if you negotiate a payment plan. Add to the principal what you think or can determine are the court costs (assume $500 on the high side), interest if you can ballpark it (from the date of your last CC statement to today at whatever interest rate... View More

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2 Answers | Asked in Small Claims for Michigan on
Q: Just a simple question: Isn't Oath Taking mandatory? Meaning, no matter what the case, what jurisdiction, etc...?

It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More

Brent T. Geers
Brent T. Geers
answered on Dec 1, 2024

"...if you don't read anything more into it". In the law, there is always more to read into it.

Taking an oath is required before offering testimony to the court. Not everything said in court is testimony. It matters very much whether we are talking a pretrial conference or...
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2 Answers | Asked in Small Claims for Michigan on
Q: Just a simple question: Isn't Oath Taking mandatory? Meaning, no matter what the case, what jurisdiction, etc...?

It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More

Adam Alexander
Adam Alexander
answered on Dec 2, 2024

Unless a witness is giving testimony at trial, court proceedings are generally NOT under oath. They are transcribed, and lawyers have an ethical duty to tell the truth in all court hearings. In sum, if it's a pre-trial conference, settlement conference, motion or other non-trial hearing,... View More

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1 Answer | Asked in Small Claims for Michigan on
Q: If I gave my bf my banking info and he transferred himself money can I do anything about that

When we were dating I used to have him transfer money for me all the time he did all my banking since we broke up I see money went to his account and I didn’t do it would I have a case or should I just leave it alone

Brent T. Geers
Brent T. Geers
answered on Nov 21, 2024

Whether you have a case depends on more facts than presented here. His defense would be, of course, that you gave him your banking information, and who's to say, besides you now, that he couldn't transfer money to himself?

Best practice in the future would be to only allow access...
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1 Answer | Asked in Civil Litigation and Small Claims for Michigan on
Q: I am filling out a petition regarding impoundment of a motor vehicle, I am wondering who the respondent should be?

My car was towed when I was on a trip to visit my mom out of state. The parking lot in my apartment complex was getting re-paved so they towed it… without notifying me that the lot was going to be under construction. All the did was put a paper on my car but I was out of state… there was no way... View More

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2024

You could list all except perhaps the Secretary of State...I'm not sure what liability they have here. Ordinarily, a private property owner contracts with a towing company for any vehicle parked without permission. Property owner calls the towing company, or the towing company otherwise shows... View More

1 Answer | Asked in Small Claims for Michigan on
Q: We are in a small claims case where the plaintiff claims we owe him money for interest on not paying back fast enough.

The defendent borrowed money verbally (in-person) from a friend with no set date to pay the money back nor any agreement on paying interest if not paid back fast enough. The plaintiff is now angry that we did not pay back fast enough and is claiming we owe interest and is taking us to small claims... View More

Brent T. Geers
Brent T. Geers
answered on May 14, 2024

In small claims, the discovery rules differ. By their nature, small claims court is just the real-life version of what you may see on those daytime courtroom TV shows: the parties show up and plead their case right then and there. In more formal proceedings, there would be pretrial discovery,... View More

1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: I loaned someone $4000 with a signed and notarized promissory note. They are not in default. Do I have recourse?

I bought my home from him and he also abandoned his vehicle on my property.

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

Yes. You can sue them. The person will either answer and appear, or not. The judge will determine whether they are actually in default and if so, what the judgment amount is. It is then your responsibility to collect it legally. Unfortunately, you may find that the person who owes you this money... View More

1 Answer | Asked in Small Claims and Consumer Law for Michigan on
Q: I bought product from a store.when I went to pick it up they refused me.wanted to give me a refund. I need the product

I bought supplies from Lowes. Came back with a truck to pick it up. they refused me and offered a refund. They had previously sold it to someone else. I have a receipt for the supplies. I don't want the refund I need the supplies I paid for.

T. Augustus Claus
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answered on Jan 12, 2024

Your rights in this situation could depend on various factors, including the terms and conditions of the purchase, any agreements made at the time of the transaction, and applicable consumer protection laws in Michigan.

In general, sellers are expected to fulfill their contractual...
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1 Answer | Asked in Small Claims, Criminal Law and Civil Litigation for Michigan on
Q: Can repeated false promises and fake address in Michigan be considered criminal fraud?

I'm in Michigan and loaned $1,800 to someone who has made multiple false promises to repay. I have proof of the Zelle transfer, messages confirming receipt, and recordings of him committing to specific repayment dates that were never honored. He provided a false address, making it impossible... View More

James L. Arrasmith
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answered on Sep 12, 2025

In Michigan, criminal fraud generally involves intentionally deceiving someone to obtain money or property, with the intent to permanently deprive them of it. Repeated false promises to repay a loan, combined with providing a fake address and avoiding contact, could meet the elements of fraud if... View More

1 Answer | Asked in Small Claims and Collections for Michigan on
Q: How to enforce a small claims judgment with unknown defendant address in MI?

I won a judgment in small claims court but the defendant hasn't complied with the payment order. I now need to file paperwork to enforce the judgment, but I'm unable to locate their current address. While I know where they work (information found on Facebook) and might have the street... View More

James L. Arrasmith
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answered on Aug 31, 2025

Winning a judgment is only the first step—collecting can often be harder, especially when you don’t have the defendant’s current address. In Michigan, you can still move forward by asking the court for an order to seize property or garnish wages. Since you know where the person works, wage... View More

1 Answer | Asked in Landlord - Tenant, Small Claims, Civil Litigation and Real Estate Law for Michigan on
Q: Should I file a small claims case for wrongful eviction and recover costs?

My boyfriend and I moved into a rental property under the agreement that our move-in costs were waived if we painted the house. The landlord claimed he handled other repairs, but this was not the case. We sent several emails and texts asking for repairs, including a request for a mailbox key, but... View More

James L. Arrasmith
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answered on May 14, 2025

You’ve been through a lot, and it’s understandable to want justice after what sounds like a very difficult experience. If the property truly lacked a certificate of occupancy and was not zoned for residential use, that’s a major issue that could support your claim. In most places, landlords... View More

1 Answer | Asked in Medical Malpractice, Small Claims and Personal Injury for Michigan on
Q: How do I file a medical lawsuit in Michigan small claims court against nurses at Carson City Correctional Facility?

I am filing a medical lawsuit in the Michigan small claims court related to an incident involving nurses at the Carson City Correctional Facility. I have the lawsuit written in legal format and have included the defendants' names. My main questions are: whom do I send the lawsuit to within the... View More

James L. Arrasmith
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answered on May 14, 2025

To begin your lawsuit in Michigan small claims court, you’ll need to file your completed complaint with the district court that covers the area where the incident occurred—in this case, likely the court in Montcalm County, where Carson City Correctional Facility is located. You’ll submit your... View More

2 Answers | Asked in Bankruptcy, Landlord - Tenant and Small Claims for Michigan on
Q: Can I collect small claims money judgment (2019), if business has filed and received bankruptcy chapter 11 status?

In Michigan, Oct 31,2019, I received a small claims court monetary judgement against the defendant. The defendant filed for chapter 11 bankruptcy in the U.S. Bankruptry court Eastern District of Michigan in Jan 2020, I was unaware of this. The bankruptcy estate was fully administrated and... View More

Timothy Denison
Timothy Denison
answered on Jan 19, 2025

No. Not unless it was provided for in the bankruptcy.

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1 Answer | Asked in Small Claims for Michigan on
Q: I am the Plaintiff in a Claim & Delivery case in St Clair County. Isn't Oath Taking mandatory? I am representing myself.

Also, Defendant filed Affirmative Defenses but brought no evidence (because they're untrue), Plaintiff was kept in Zoom room while Defendant and Judge chatted in the courtroom, and Plaintiff wasn't allowed to present evidence supporting her claims.

Adam Alexander
Adam Alexander
answered on Dec 1, 2024

The only question I see is: "Isn't Oath Taking Mandatory?"

I suggest you explain your question in more detail so attorneys can accurately ascertain what information you are seeking.

Was this a trial? A Motion? What happened at this Zoom hearing? Is there another...
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2 Answers | Asked in Contracts, Collections and Small Claims for Michigan on
Q: My ex thegirlfriend two years ago gave me money from what she told me was her savings account to get my car fixed $3000

Total $3000 turns out the money I believed to be her personal funds was actually a personal loan from the bank that she did not disclose. Now two years later the loan was paid back and she’s insisting I pay her back. Nothing is in writing and my name was not listed as a borrower nor did we... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 27, 2024

If you agreed to pay her back, then you owe her the money and she might be able to sue to get a judgment.

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1 Answer | Asked in Small Claims for Michigan on
Q: A dead tree fell about two weeks after a storm and destroyed my new central air conditioner. Can I sue owner?
Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

A Michigan attorney could advise best, but your question remains open for a week. If your neighbor is willing to explore possibility of their homeowner policy covering the loss, that could be the quickest route to take. Good luck

2 Answers | Asked in Small Claims for Michigan on
Q: If 2 vehicles collide in a parking lot on private property, both occupied and in drive. What party is responsible?

The other party says I need to pay for damages 100%, but their car was not legally parked

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2024

Hopefully you both have insurance. Contact your insurance company and let them figure it all out.

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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: What can I do about Dealership fraud

I purchased a used car for a small used dealership.it was listed as a2010 with 145k miles. I purchased and didn't read the paper work. It's really a 2007 with 195k miles. They changed the mileage babe. He only refunded me $400. What should I do.

T. Augustus Claus
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answered on Nov 1, 2023

You may sue the dealership in small claims court for fraud. In Michigan, small claims court can hear cases involving up to $6,500.

In your complaint, you must allege that the dealership defrauded you by selling you a car with a different mileage than the one listed on the odometer. You will...
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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: what remedy for small claims plaintiff in Michigan, the judge has not yet opined, it's been 90 days

Plaintiff submitted ample documentation of claim including photos, written estimates, etc...against defendenat who was licensed builder. Defendant submitted obvious false receipts from day job as ServPro Project Manager to retain over $4K

Brent T. Geers
Brent T. Geers
answered on Sep 29, 2023

Have you had a hearing yet? That's when decisions are made.

1 Answer | Asked in Small Claims for Michigan on
Q: From when would deadline to plead be (when the motion was accepted or the pretrial hearing (originally the motion date)?

I submitted a motion to set aside default a 2 months ago in small claims court. The motion was given a hearing date, but in interim the plaintiff accepted it and the same hearing date was changed to a pretrial hearing (and motion adjourned to set aside default). I did not receive a letter for this... View More

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2023

If you are having these questions, you need a lawyer. These are procedural questions. From what you describe, you had already been defaulted, which would otherwise effectively end the case for you and subjecting you to whatever the plaintiff was asking for. You seem to have successfully got the... View More

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