Landlords

Q6 What happens at the hearing?The hearing will usually take place at thecourt where you filed your claim. It isimportant to be there on time; if you filed thelawsuit and are not in court when your case iscalled, the case may be dismissed. If you arethe defendant and are not in court when yourcase is called, a default judgment may beentered against you. Bring all of your relevantpapers or other evidence and make sure yourwitnesses will be on time.The court clerk will call your case and youand the defendant will appear before the judgeor magistrate. The judge will ask you to stateyour claim. Take your time and tell whathappened in your own words and why youthink the person or business you are suingowes you money. Show the judge yourevidence and introduce any witnesses youhave. The witnesses will be allowed to tell thejudge what they know about the case.When you have finished, the person orbusiness you are suing will have anopportunity to explain their side of the case.Listen carefully. If you think the defendant isleaving something out or is misstating facts, besure to tell the judge.A judge’s decision is final. Neither you northe defendant can appeal to a higher courtonce the judge has made a decision in thesmall claims division; although, on petition byeither party, the same judge may reopen thecase in the small claims division. Either partymay appeal a magistrate’s decision. The casewould be rescheduled before a judge and bothparties would explain their case again.Q7 If you win, how do you collectyour money?If you obtain a judgment against thedefendant, the court will provide instructionsregarding post-judgment collections. Thedefendant may pay the judgment plus courtcosts immediately after the hearing, but if heor she does not have the money to pay rightaway, the judge may allow a reasonable time topay and may set up a payment schedule. If thedefendant fails to pay the judgment whenordered, you must go back to the court andfile additional papers to collect on thejudgment by having their wages or bankaccount garnished or property seized. Thiscannot occur until 21 days after the judgmentis entered. As part of the judgment, thedefendant must provide information to thecourt that can be used in post-judgmentcollection efforts.The Small Claims Court section was supplied by theState Court Administrative Office under a grant from theState Justice Institute and in cooperation with the StateBar of Michigan. Points of view expressed are those ofthe Michigan State Court Administrative Office and donot necessarily reflect the official position or policies ofthe State Bar or the State Justice Institute. TP-2 (12/99)25