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 […]
Section 600.8402 – Commencement of Action; Filing, Form, and Contents of Affidavit; Notice; Name of Plaintiff; Removal; Waiver.
600.8402 Commencement of action; filing, form, and contents of affidavit; notice; name of plaintiff; removal; waiver. Sec. 8402. (1) An action shall be commenced in the small claims division by filing with the clerk or a deputy clerk of the district court an affidavit and 1 copy of the affidavit for each defendant to be […]
Section 600.8403 – Affidavit Forms; Availability; Preparation.
600.8403 Affidavit forms; availability; preparation. Sec. 8403. Printed affidavit forms for the commencement of actions in the small claims division shall be available at the office of each clerk and deputy clerk of the district court who shall prepare such affidavit for a claimant upon request. History: Add. 1968, Act 154, Imd. Eff. June 17, […]
Section 600.8404 – Service of Affidavit and Notice on Defendant; Form and Contents of Notice; Evening and Saturday Court Hours.
600.8404 Service of affidavit and notice on defendant; form and contents of notice; evening and Saturday court hours. Sec. 8404. (1) Upon the filing of the affidavit, the clerk or deputy clerk shall cause a copy of the affidavit to be served upon each defendant with a notice directing the defendant to appear and answer […]
Section 600.8405 – Service; Manner; Proof.
600.8405 Service; manner; proof. Sec. 8405. Except as otherwise provided in this section, service of the affidavit and notice to appear and answer shall be made upon the defendant by certified mail, return receipt requested and deliverable to the addressee only, by personal service, or upon a showing that service of process cannot reasonably be […]
Section 600.8406 – Appearances; Copy of Affidavit and Notice of Hearing; Application for New Notice; Jurisdiction to Render Judgment; Continuance.
600.8406 Appearances; copy of affidavit and notice of hearing; application for new notice; jurisdiction to render judgment; continuance. Sec. 8406. (1) The date for the appearance of the defendant provided in the notice shall not be less than 15 days nor more than 45 days after the date of the notice. The person filing the […]
Section 600.8407 – Filing of Claim in Small Claims Division; Restrictions.
600.8407 Filing of claim in small claims division; restrictions. Sec. 8407. (1) A claim shall not be filed or prosecuted in the small claims division by an assignee of a claim or by a third party beneficiary under a third party beneficiary contract. (2) Within a district court district a person shall not file more […]
Section 600.8408 – Parties; Representation; Request for Trial Before District Court Judge; Removal; Waiver.
600.8408 Parties; representation; request for trial before district court judge; removal; waiver. Sec. 8408. (1) An attorney at law, except on the attorney’s own behalf, a collection agency or agent or employee of a collection agency, or a person other than the plaintiff and defendant, except as is otherwise provided in this chapter, shall not […]
Section 600.8409 – Attachment or Garnishment Prohibited; Execution; Judgment, Enforcement; Instruction Sheets.
600.8409 Attachment or garnishment prohibited; execution; judgment, enforcement; instruction sheets. Sec. 8409. (1) Attachment or garnishment shall not issue from the small claims division prior to judgment but execution may issue in the manner prescribed by law and the judgment may be enforced in any other manner provided by law and not prohibited under the […]