Michigan Compiled Laws
236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427)
Section 600.8408 - Parties; Representation; Request for Trial Before District Court Judge; Removal; Waiver.

Sec. 8408.
(1) An attorney at law, except on the attorney's own behalf, a collection agency or agent or employee of a collection agency, or a person other than the plaintiff and defendant, except as is otherwise provided in this chapter, shall not take part in the filing, prosecution, or defense of litigation in the small claims division.
(2) A sole proprietorship, partnership, or corporation as plaintiff or defendant may be represented by an officer or employee who has direct and personal knowledge of facts in dispute. If the officer or employee who has direct and personal knowledge of facts in dispute is no longer employed by the defendant or plaintiff or is medically unavailable, the representation may be made by that person's supervisor, or by the sole proprietor, a partner, or an officer or a member of the board of directors of a corporation.
(3) A county, city, village, township, or local or intermediate school district as plaintiff or defendant may be represented only by an elected or appointed officer or an employee who has direct and personal knowledge of the facts in dispute. If the officer or employee who has direct and personal knowledge of the facts in dispute is no longer an officer or employee of the plaintiff or defendant, the representation may be made by that officer's successor or that employee's supervisor, or by a member of the governing body of the county, city, village, township, or local or intermediate school district. In addition, a person may not represent a county, city, village, township, or local or intermediate school district in the small claims division unless authorized to appear in the case by the governing body of the county, city, village, township, or local or intermediate school district.
(4) Before commencement of a trial, the plaintiff or defendant may, upon demand, require that the trial be conducted before a district court judge and not a magistrate, or may remove the case from the small claims division to the general civil division of the district court. If the parties commence a trial of the case in the small claims division, both parties waive all rights mentioned in section 8412.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1978, Act 496, Eff. Jan. 1, 1979 ;-- Am. 1984, Act 272, Imd. Eff. Dec. 19, 1984 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1991, Act 192, Eff. July 1, 1992

Structure Michigan Compiled Laws

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 600.8402 - Commencement of Action; Filing, Form, and Contents of Affidavit; Notice; Name of Plaintiff; Removal; Waiver.

Section 600.8403 - Affidavit Forms; Availability; Preparation.

Section 600.8404 - Service of Affidavit and Notice on Defendant; Form and Contents of Notice; Evening and Saturday Court Hours.

Section 600.8405 - Service; Manner; Proof.

Section 600.8406 - Appearances; Copy of Affidavit and Notice of Hearing; Application for New Notice; Jurisdiction to Render Judgment; Continuance.

Section 600.8407 - Filing of Claim in Small Claims Division; Restrictions.

Section 600.8408 - Parties; Representation; Request for Trial Before District Court Judge; Removal; Waiver.

Section 600.8409 - Attachment or Garnishment Prohibited; Execution; Judgment, Enforcement; Instruction Sheets.

Section 600.8410 - Settlement; Payment of Judgment; Execution, Attachment, or Garnishment; Warning; Examination of Assets; Payment of Judgment in Full; Copy of Judgment.

Section 600.8410a - Writ of Garnishment as to Periodic Payments Issued by Small Claims Division of District Court; Duration.

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 600.8416 - Location of Small Claims Division; Filing of Claims After Regular Court Hours; Scheduling of Small Claims Hearings; Hearings After Regular Court Hours.

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 600.8424 - Actions for Fraud, Libel, Slander, Assault, Battery, or Other Intentional Torts; Governmental Agency as Party.

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.