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.

Introduction to the Landlord-Tenant Division

 
Typically, the landlord is the owner of the property, and the tenant is the party renting the property for residential or commercial use. If either party has concerns or questions regarding their legal rights or responsibilities an attorney should be consulted for legal advice.

The Landlord-Tenant Division processes many types of disputes between landlords and tenants regarding property within the City of Harper Woods. A landlord may file for issues such as:

  • Non-payment of rent
  • Termination (eviction)
  • Health Hazard on property
  • Trespassers
  • Land Contract Forfeitures
  • Expiration of redemption period after foreclosure

Landlord-Tenant forms can be purchased and filed at the Civil Division or downloaded here.


Starting a Landlord-Tenant Case

Generally, a tenant must receive notice before a landlord can file a complaint with the Court. The tenant must be served with a Notice to Quit to Recover Possession, Demand for Possession for Non-Payment of Rent or some other notice**. The notice may ask the tenant to pay the delinquent rent, move, repair or remove a health hazard or take some other action within 7 or 30 days depending on the type of notice served on the tenant. If the 7 or 30 days expire and the tenant has failed to comply, the landlord can start legal action by filing a summons and complaint at the Court, paying all the appropriate fees and having their tenants served with the summons and complaint.

On the hearing date, both the landlord and the tenant must appear in the assigned courtroom on the date and time listed on the summons. Both the landlord and tenant may retain attorneys to represent them at the hearing and either may request a jury trial in writing. There is a $50.00 jury fee separate from the filing fee. It is the responsibility of the parties to have any evidence or witnesses present at the hearing.

If you are a landlord, or the agent for a landlord, who is commencing a summary proceeding to recover possession of premises from a person in possession, you will be asked to provide a copy of your City of Harper Woods issued Certificate of Compliance. Failure to provide the Certificate of Compliance and Rental Certificate could negatively impact your case. Please see Harper Woods City Code Article III or consult your legal professional for further guidance.

If you are a tenant who is being subjected to a summary proceeding to recover possession of premises from you/evict you and you seek to use the defenses provided to tenants by the Michigan Court Rules, you may be asked if you have paid rent into an escrow account.  Please see Michigan Court Rules 4.201(H)(2) or consult your legal professional for further guidance.

If all parties appear and agree to resolve the dispute, they must prepare and present a Consent Judgment to the judge for signature. If all parties are present but cannot reach a resolution, a judge or jury will hear the case and a judgment will be entered. The judgment will be entered in favor of the landlord or the tenant. If the judgment is in favor of the plaintiff, it will outline under what conditions a landlord may or may not be given possession of the property. If the defendant (tenant) was properly served and fails to appear, a default judgment may be entered. Should the tenant fail to comply with the judgment, the landlord may file an Order of Eviction 10 days after entry of the judgment.

The Order of Eviction must be filed with the Court along with the correct filing fee.  After the Order is filed, it must be signed by the Judge. Once the Judge has signed the Order, it can only be executed by a 32A District Court Officer chosen by the plaintiff.


Landlord-Tenant Filing Checklist

(does not apply to Land Contract Forfeiture cases)

Plaintiff must:

  1. File the Court copy of the Notice to Quit or Demand for Possession
  2. File 5-part Summons, Landlord-Tenant
  3. File 4-part Complaint, either Non-Payment of Rent or to Recover Possession
  4. File City of Harper Woods-issued Certificate of Compliance
  5. Submit the correct filing fee.
  6. Arrange to have summons and complaint served and proof of service filed with the Court prior to the hearing date (Please note per MCR 2.103 - Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party.)


**Other options include Damage to Property/Health and Hazard Notices and Complaints.

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.

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