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Michigan Small Claims Questions & Answers
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 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 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

1 Answer | Asked in Admiralty / Maritime and Small Claims for Michigan on
Q: A teenager stole a boat and hit my friend's parked boat & boat lift with it, can my friend get money for the repairs?

This incident happened in the middle of the night on a private inland lake in Michigan and there is a police report. The owner of the stolen boat left the keys on it but apparently my friend can't make a claim against their boat insurance since the owner wasn't driving the boat. My... View More

T. Augustus Claus
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answered on Jul 17, 2023

If a teenager stole a boat and damaged your friend's parked boat and boat lift in Michigan, your friend may be able to seek compensation for the repairs. Gathering evidence like photos and repair estimates can support their claim. Checking the boat owner's insurance policy for coverage is... View More

1 Answer | Asked in Small Claims for Michigan on
Q: Sueing Two Companies in Small Claim Court In Michigan

I am about to file a small claim. Two LLCs belonging to the same person are involved. Appliance Store where I was told to write the check and the HVAC company that provided the service and gave me the receipt. I was going to sue just the HVAC company but I am going to add the appliance one since... View More

Adam Alexander
Adam Alexander
answered on Jul 10, 2023

More is usually better when it comes to Defendants. I see the form only allows for one Defendant. The court should allow you to sue two parties in one complaint. I suggest you call the civil clerk and ask how to fill out the form if there are two Defendants. (They may tell you: "we don't... View More

1 Answer | Asked in Small Claims for Michigan on
Q: On February 24, 2023 I sold my used 2010 chevy equinox that I had posted online in my post I explain everything about

vehicle when I first purchase and all the work i had did to the car, also said there was know known major issue that I knew of because i had taken care of that when I bought the car use in 2019 so the young lady came down test drove the car at that time it was riding like always and no lights on no... View More

Brent T. Geers
Brent T. Geers
answered on Apr 3, 2023

What a mess! Hopefully you at least got paid. The initial transaction could have been handled better (don't ever let someone drive off with your plate; when you buy a car at a dealer, they don't let you drive off with their plate.)

Not sure if she has any claim to successfully sue...
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1 Answer | Asked in Contracts, Construction Law, Libel & Slander and Small Claims for Michigan on
Q: We are a GC trying to collect most of final payment. Homeowner refuses to let us back for punch list- owes 6375

The contract amount is 20,875. This guy is a lawyer and a bully. He refuses to pay or allow us to finish minor details. What can we do? He also left a nasty google review full of lies

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 10, 2023

I see three remedies:

1. A construction lien. I am not going to write up all of the steps because it is somewhat complicated and we don't have enough facts to determine whether the remedy is available.

2. A lawsuit against your customer to collect the balance.

3. A...
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1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: If you give a friend $3000 to take you for a stat CT scan and take you to the ER and you gave this money (see below)...

If you give a friend $3000 to take you for a stat CT scan and take you to the ER and you gave this money under extreme anxiety and emotional distress because you're a widow with no one to help you, and later when calm you ask how they could do that if they're your friend, and now you... View More

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2023

No. The more legal question becomes whether this was a gift or transfer made under a contract. In either case, you are out that money. When you give someone a gift, you lose control once the transfer is made; if a contract, the money is theirs once you offered $3,000, they accepted it, and gave you... View More

1 Answer | Asked in Insurance Bad Faith and Small Claims for Michigan on
Q: Can I file suite again my medical insurance company and the contractor for failure to provide transportation for me

My medical insurance company has a contract with a company that provide transportation and other services. The company has failed to provide over twenty rides to the doctor and physical therapy appointments. Can they be liable or held accountable for not accommodating.

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2022

A Michigan attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney to figure out if you have a case that's cost-effective to pursue, you could review your insurance policy to make certain of what it covers. In terms of a... View More

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 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 Car Accidents, Civil Litigation and Small Claims for Michigan on
Q: Vehicle considered Totaled after not at fault accident in Michigan. Can I file a Mini Tort or Small Claims?

My vehicle was totaled (Not at fault) due to an accident in Michigan. My vehicle is 100% paid off and I did not have collision coverage as part of my auto insurance. Can I file a Mini Tort or Small Claims for the book value of my vehicle at the time of the accident?

Since I do not have... View More

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2023

Mini tort is for the amount of the deductible you paid.

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: I took my car to a repair place in Michigan and I was not given an estimate of the repairs needed until 180 days after

They did the repairs but I didn’t have a chance to tell them rather or not I wanted the extra work they did done now I have a high bill. I was going to apply for a loan but I wanted to see my car first they told me it wasn’t there but in their storage wherever that is, they also said they... View More

Adam Alexander
Adam Alexander
answered on Jun 27, 2023

If the "repair place" performed repairs that were not authorized by you, I suggest you file a complaint with the State of Michigan Attorney General. Michigan will investigate your complaint and contact the repair place.

1 Answer | Asked in Small Claims for Michigan on
Q: i bought a truck bed from a man who said it was rust free and it has holes in it.

i have copies of his statements its rust free. can i file in small claims and get my money back

Brent T. Geers
Brent T. Geers
answered on Feb 16, 2023

Possibly. Have you tried contacting the seller to ask for your money back in exchange for the truck bed?

1 Answer | Asked in Contracts, Employment Law, Health Care Law and Small Claims for Michigan on
Q: I need to know if there's compensation I can get from my boss for breach of contract,and making me work in unsafe,

Volitle, mentally and emotionally abusive environment with another employee. Whom I found out he's sexually involved with

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Possibly. Sounds like the makings of a lawsuit for which you should seek an employee-side civil litigator.

2 Answers | Asked in Consumer Law, Small Claims and Lemon Law for Michigan on
Q: Can I sue Ford in small claims court for faulty engine.

My Ford escape with EcoBoost engine blew up. This is a common problem there are class action lawsuits. Can I sue Ford in small claims court and would it be worth it.

Brent T. Geers
Brent T. Geers
answered on Jul 26, 2022

Can you? Yes. Should you? No. You need to understand that major corporations like Ford have entire departments full of attorneys working for them, any of whom would have a field day with a pro se litigant. The first thing they will do is remove the case to the general civil docket because 1)... View More

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1 Answer | Asked in Small Claims for Michigan on
Q: Am i financially responsible for my moms phone if my son possibly ruined it?

My son is Autistic and does not know any better and dumped shampoo onto my moms phone. Our apartment has two bedrooms in the back half with an access door. When its shut the baby lock keeps him from gaining access to the back bedrooms, one of which is my moms. I shut the door to make dinner, so... View More

Brent T. Geers
Brent T. Geers
answered on Jul 8, 2022

This is a matter of what's more important to you: do you want to be right, or do you want a relationship? And I suppose the same question could be posed to your mother.

I don't know enough facts to say whether your mom would win a lawsuit. You, though, would probably come out...
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