GENERAL CIVIL CASES
- Lawsuits involving $25,000 or less
- Disputes between two or more parties
- Everyone has the right to hire an own attorney
- Everyone has the right to a jury trial (with the exception of small claims)
- Everyone has the right to appeal, however small claims can only be appealed from Magistrate to a Judge, Judge’s ruling is final
- Corporations must be represented by an attorney
The process of starting a…
GENERAL CIVIL SUIT
- Ensure proper party name and address
- Prepare ‘summons and complaint’ forms: MC01 6/17 and MC01a 3/85
- Pay a filing fee (check, money order, cash, credit*, or debit card*)
- Serve the defendant by certified mail or process server
- Confirm the case is started in the correct District Court (defendant’s city of residence or city in which action took place)
- 41B District Court serves the communities of Harrison Township, Clinton Township, and Mount Clemens
- All civil filings in person must be complete and filed by 4:15pm (3:45 on Friday)
Landlord and Tenant
Landlord Tenant- An association between two individuals arising from an agreement by which one individual occupies the other’s real property with permission, subject to a rental fee.
The term “landlord” refers to a person who owns property and allows another person to use it for a fee. The person using the property is called a “tenant”. The agreement between a landlord and a tenant is called a lease or rental agreement
FILING A LANDLORD / TENANT CASE IN THE 41B DISTRICT COURT
When filing a Landlord / Tenant Case in the 41B District Court, you must submit the following:
IF THERE IS ONE DEFENDANT:
• Summons Packet (MCL 600.5735)
• Complaint Packet (non-payment of rent (DC 102a), to recover possession of property (DC 102c)
• Original Notice to Quit (7 Day or 30 Day Notice) plus three (3) copies.
• A self-addressed stamped envelope.
• A stamped envelope addressed to the Defendant.
• Check made payable to 41B District Court” for the Filing Fee (See Fine schedule page).
• Check made payable to “LPS” for Service Fee ($21.00 for possession only, $21.00 per defendant for money judgment
• If case is returned for service, plaintiff must provide court with proof of service by Tuesday within the same week of the court date (Thursday)
IF THERE ARE TWO OR MORE DEFENDANT:
• Summons Packet, Complaint Packet, and Original Notice to Quit, as listed above PLUS 2 additional copies of each for every additional Defendant (Example: For two Defendants, you need the Summons and Complaint Packet plus 2 additional copies, the Original Notice to Quit plus 5 copies, etc.) Please list all defendants on each Summons and Complaint.
• A self-addressed stamped envelope.
• An individual stamped envelope addressed to each Defendant.
• Check made payable to “41B District Court” for the Filing Fee (See Fine schedule page).
• Check made payable to “LPS” for the Service Fee ($21.00 for possession only, $21.00 per defendant for money judgment
• If case is returned for service plaintiff must provide court with proof of service by the Tuesday in the same week of the court date (Thursday)
POSSESSION ONLY AND LAND CONTRACT CASES — $55
POSSESSION AND MONEY DAMAGES (THE SUPPLEMENTAL COMPLAINT)
$10,001 – $25,000———-$215.00
**There is a $20.00 Motion Fee for any Motions filed which must be paid at the time of filing.
PAYMENT- 41B District Court accepts Cash, Check, Credit, or Debit card (credit or debit cards have service fee of 3 ½%)
All Landlord tenant cases are scheduled on Thursdays at 1:00 p.m.
Landlord tenant motions are scheduled on Thursdays at 1:30 p.m.
Any forms and necessary copies or envelopes that are not complete will be returned. You must have all copies with you when you file your case. The court does not provide copies or envelopes to you. The court staff is not permitted to assist in filling out any forms. Any questions you may have must be directed to an attorney.
Actions Excluded From Small Claims Filing
CANNOT FILE ACTION FOR:
- Libel – a published false statement that is damaging to a person’s reputation.
- Intentional torts
Dishonored checks and Consumer Protection actions are allowed in Small Claims
See MCL 600.8424
Civil Fee Schedule
WEDDINGS ARE HELD EVERY FRIDAY AT 3:00PM!
TO BE MARRIED AT THE 41B DISTRICT COURT ONE MUST:
- Live in either Mount Clemens, Harrison Twp, or Clinton Twp. (at least one party)
- Have marriage license and all other documents provided by County clerks office (including return envelope provided to you by the county clerks office)
- Three day waiting period is either expired or has been waived.
- Pay $10 statutory fee (paid here at the cashier counter)
- Have two witnesses of legal age (18) present
- Please call in advance to schedule
Hours of Operation
Monday through Thursday
8:30 am to 4:30 pm
8:30 am to 4:00 pm
22380 Starks Drive
Charter Twp of Clinton