Sec. 8406.
(1) The date for the appearance of the defendant provided in the notice shall not be less than 15 days nor more than 45 days after the date of the notice. The person filing the claim shall receive from the clerk a copy of the affidavit and notice of hearing. The plaintiff shall appear on the date shown in the notice of hearing and have all books, papers, and witnesses necessary to prove the claim. If the notice is not served upon the defendant at least 7 days before the appearance date, the plaintiff may apply to the clerk or deputy clerk for a new notice setting a new date for the appearance of the defendant which shall be not less than 15 days nor more than 30 days after the date of the issuance of the new notice.
(2) If a defendant is not personally served or did not sign the certified mail return receipt at least 7 days before the appearance date, there shall not be jurisdiction to render judgment, unless the defendant appears on the appearance date and does not request a continuance. If the defendant was not served within the minimum time specified, the matter, upon request of either party, shall be continued for not less than 7 days.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427)
Section 600.8401 - Small Claims Division; Creation; Judge; Jurisdiction.
Section 600.8401a - Instruction Sheets.
Section 600.8403 - Affidavit Forms; Availability; Preparation.
Section 600.8405 - Service; Manner; Proof.
Section 600.8407 - Filing of Claim in Small Claims Division; Restrictions.
Section 600.8411 - Removal; Waiver; Hearings; Manner of Conducting; No Jury or Verbatim Record.
Section 600.8412 - Waiver of Rights.
Section 600.8413 - Judgments; Conclusiveness; Form.
Section 600.8415 - Venue of Actions.
Section 600.8418 - Judgments; Certification.
Section 600.8419 - Forms and Stationery.
Section 600.8420 - Fees; Disposition.
Section 600.8421 - Costs to Prevailing Party.
Section 600.8422 - Counterclaim; Continuance.
Section 600.8423 - Separate Action by Defendant; Transmittal Fee; Transfer of Cause.
Section 600.8425 - Limitation on Claim or Recovery; Amendment Increasing Amount Claimed.
Section 600.8426 - Name in Which Defendant Sued; Validity of Judgment.
Section 600.8427 - Conduct of Small Claims Hearing by District Court Judge or Magistrate; Appeal.