Section 600.8423 – Separate Action by Defendant; Transmittal Fee; Transfer of Cause.
600.8423 Separate action by defendant; transmittal fee; transfer of cause. Sec. 8423. (1) If a defendant in a small claims action has a claim against the plaintiff, which claim is for an amount over the jurisdiction of the small claims division but of a nature which would be subject to counterclaim in accordance with rules […]
Section 600.8424 – Actions for Fraud, Libel, Slander, Assault, Battery, or Other Intentional Torts; Governmental Agency as Party.
600.8424 Actions for fraud, libel, slander, assault, battery, or other intentional torts; governmental agency as party. Sec. 8424. (1) Actions of fraud and actions of libel, slander, assault, battery, or other intentional torts shall not be instituted in the small claims division. This subsection does not apply to either of the following: (a) An action […]
Section 600.8425 – Limitation on Claim or Recovery; Amendment Increasing Amount Claimed.
600.8425 Limitation on claim or recovery; amendment increasing amount claimed. Sec. 8425. (1) A person having a claim in excess of the applicable jurisdictional amount as prescribed by section 8401 may institute an action in the small claims division but may not claim or recover more than the jurisdictional amount. (2) If an action properly […]
Section 600.8426 – Name in Which Defendant Sued; Validity of Judgment.
600.8426 Name in which defendant sued; validity of judgment. Sec. 8426. An individual, sole proprietorship, partnership, or corporation may be sued in the small claims division in any name used in any advertisement, sign, invoice, sales slip, register tape, business card, contract, or other communication or document, published, displayed or issued to the public in […]
Section 600.8427 – Conduct of Small Claims Hearing by District Court Judge or Magistrate; Appeal.
600.8427 Conduct of small claims hearing by district court judge or magistrate; appeal. Sec. 8427. A small claims hearing may be conducted either by a district court judge or by a district court magistrate who is an attorney licensed to practice in this state and who is authorized to do so by the chief judge […]
Section 600.8420 – Fees; Disposition.
600.8420 Fees; disposition. Sec. 8420. (1) A fee of the following amount, as applicable, shall be charged and collected for the filing of the affidavit for the commencement of any action: (a) $25.00, if the amount in controversy does not exceed $600.00. (b) $45.00, if the amount in controversy exceeds $600.00 but does not exceed […]
Section 600.8421 – Costs to Prevailing Party.
600.8421 Costs to prevailing party. Sec. 8421. The prevailing party in any action in the small claims division is entitled to costs of the action and also the costs of execution upon a judgment rendered therein. The costs shall include cost of service of the notice for the appearance of the defendant. History: Add. 1968, […]
Section 600.8422 – Counterclaim; Continuance.
600.8422 Counterclaim; continuance. Sec. 8422. If the defendant files a verified answer stating any new matter which constitutes a counterclaim, the court may grant a continuance upon request of either party. History: Add. 1968, Act 154, Imd. Eff. June 17, 1968
Section 600.8411 – Removal; Waiver; Hearings; Manner of Conducting; No Jury or Verbatim Record.
600.8411 Removal; waiver; hearings; manner of conducting; no jury or verbatim record. Sec. 8411. (1) Before the commencement of a trial in the small claims division, the district court judge or magistrate shall inform both parties, orally or in writing, of the right to removal before trial to the general civil division and of all […]
Section 600.8412 – Waiver of Rights.
600.8412 Waiver of rights. Sec. 8412. Unless a party removes a small claims action to the district court pursuant to section 8408(4), all parties to an action in the small claims division shall be considered to have waived the right to counsel, the right to trial by jury, the right to recover more than the […]