This division handles cases in which one party (a person, group, business, corporation, or organization) brings an action against another for money owed as a result of a variety of causes.  Such reasons include overdue accounts, rental security deposits, delinquent rent, repair bills, physical damage or breach of contract.

The person being sued must do business or live within the city of Harper Woods, or the action must have occurred in the city of Harper Woods.  To begin a lawsuit in the Civil Division, you must fill out and file the appropriate forms and pay the necessary fees at the Civil counter. The docket is divided into two main categories:

  • General Civil cases (for suits up to $25,000.00)
  • Small Claims (for suits up to $6,500.00)

 

General Civil

The General Civil docket handles all lawsuits started in the Civil Division that are not Small Claims cases.  In these cases, either party has the right to an attorney, the right to a jury trial, and the right to appeal the decision of the court.

A civil action begins with the filing of a summons with the court.  A complaint is the original pleading in a civil action where the plaintiff states the basis for the lawsuit.  A summons is a notice that is served (delivered) to a party advising that a lawsuit has been started against him or her.  The summons directs the person to appear in court within the given time or a judgment will be entered.


Small Claims

Small Claims cases involve suits for money disputes up to $6,500.00.  Initial Small Claims appear before a mediator.  The parties are given an opportunity to resolve the matter by coming to a mutual agreement with the assistance of a Court certified mediator. If the parties are unable to reach a resolution after mediation, then the case will be scheduled for a hearing before the Judge. If you have a case in Small Claims Court, you give up the right to a jury trial, and the right to appeal a judge's decision to a higher court. Either party may request that the matter be placed on the regular civil docket. However, the request must be made before the date of trial.

To start a Small Claims lawsuit, you must fill out and file an Affidavit and Claim form at the Civil Division counter. These forms are available online and at the cashier counter for a nominal fee. The cost for beginning a Small Claims suit depends on the amount of your claim.

Fee information for starting a suit as well as service (notice) fees can be obtained at the cashier counter.

Legal representation is not required in a civil case, but all parties will be held to the Michigan Court Rules. Those choosing to represent themselves will be provided with general procedural assistance by court staff, if needed, but only in reference to State approved forms and time parameters within which an answer must be filed. They are not attorneys, and the information they provide is not to be considered legal advice.

Please click here if you need assistance in handling simple civil legal problems without a lawyer.

DISCLAIMER: The data on this page is informational only; it is not legal advice. Court Clerks are not attorneys and cannot give legal advice. If you need legal advice, contact an attorney.