How it works

How to make Small Claims work for you?

A law was passed a few years back making it possible for citizens like yourself to sue someone in Court without a lot of expense. This Court is called Small Claims Court. In Small Claims Court all parties give up the right to have attorneys present, to have a jury trial, and to appeal a Judge's decision. Because of this, your costs to sue someone in Small Claims Court usually just run between $30 and $40. These costs can also be recovered by you if you win your case.

So how does you begin a Small Claims suit in Royal Oak's 44th District Court?

1. If you live in Royal Oak or if the action took place in the City of Royal Oak, you come to this Court located at 400 E Eleven Mile Rd, and go to the glass windows of the Clerks office and ask for a Small Claims Form. Click here for a Map on how to get to the courthouse.

    

2. After you fill out this Small Claims Form (either here or at home), you return it back to the Clerk, pay your filing fee and the fee to have a Court Officer serve this paper, and you are done.

    

3. The Court will send you a notice of the time that the Court will hear your case. (usually between 1 to 3 months because of the constant increases in small claim filings).

    

4. Just before your Court Date, you should call the District Court and ask if the Court Officer served the papers on the other party. If that had been done, you are then all set to show up at Small Claims Court and present your case to the Judge.

    

And this is the real proof why Small Claims Court is for you.

The Judge lets you and the other party tell your sides of the story in your own words. This would be the time for you to present to the Judge any documents, pictures, or witnesses you might have to substantiate your lawsuit. After the Judge hears both sides and looks at all the evidence, he then makes a decision in the case.

But please remember this: SMALL CLAIMS COURT works for you if your lawsuit is valid, under $1500, and if the party you're suing is a responsible citizen or business with the resources to pay you if you are determined by the Judge to be in the right. If you are suing a con artist, someone penniless or bankrupt, or someone who has left town, you may win the Court case and get a judgment in your favor, but you might never collect and may want to reconsider whether to file or not.

HThe District Court is not a collection agency. But if you have a legitimate claim against a responsible business or individual, Yes, Small Claims Court does work for you. Be sure to pick up our free SMALL CLAIMS booklet at the Court Clerks office. This booklet explains in much greater detail everything you should know about filing a small claims lawsuit.