Michigan Compiled Laws
236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427)
Section 600.8420 - Fees; Disposition.

Sec. 8420.
(1) A fee of the following amount, as applicable, shall be charged and collected for the filing of the affidavit for the commencement of any action:
(a) $25.00, if the amount in controversy does not exceed $600.00.
(b) $45.00, if the amount in controversy exceeds $600.00 but does not exceed $1,750.00.
(c) $65.00, if the amount in controversy exceeds $1,750.00.
(2) A fee in an amount equal to the prevailing postal rate for the service provided shall be charged and collected for each defendant to whom a copy of the affidavit is mailed by the clerk. A fee of $15.00 shall be charged and collected for the issuance of a writ of execution, attachment, or garnishment and for the issuance of a judgment debtor discovery subpoena. Except as otherwise provided in this chapter, a fee or charge shall not be collected by an officer for any service rendered under this chapter or for the taking of affidavits for use in connection with any action commenced under this chapter.
(3) Of each filing fee under subsection (1)(a) collected within the month, at the end of each month, the clerk shall transmit $11.00 to the treasurer of the district funding unit in which the action was commenced, of which not less than $5.00 shall be used by the district funding unit to fund a drug treatment court if one is planned, established, or operated in that judicial district. If the entire amount attributable to the $5.00 portion is not needed for the operation of a drug treatment court, the balance that is not needed for that purpose shall be used for the operation of the district court. If a drug treatment court is not planned, established, or operated in that judicial district, all $11.00 shall be used for the operation of the district court. The clerk of the district court shall transmit the balance of the filing fee to the state treasurer for deposit in the civil filing fee fund created in section 171.
(4) Of each filing fee under subsection (1)(b) collected within the month, at the end of each month, the clerk shall transmit $17.00 to the treasurer of the district funding unit in which the action was commenced, of which not less than $5.00 shall be used by the district funding unit to fund a drug treatment court if one is planned, established, or operated in that judicial district. If the entire amount attributable to the $5.00 portion is not needed for the operation of a drug treatment court, the balance that is not needed for that purpose shall be used for the operation of the district court. If a drug treatment court is not planned, established, or operated in that judicial district, all $17.00 shall be used for the operation of the district court. The clerk of the district court shall transmit the balance of the filing fee to the state treasurer for deposit in the civil filing fee fund created in section 171.
(5) Of each filing fee under subsection (1)(c) collected within the month, at the end of each month, the clerk shall transmit $23.00 to the treasurer of the district funding unit in which the action was commenced, of which not less than $5.00 shall be used by the district funding unit to fund a drug treatment court if one is planned, established, or operated in that judicial district. If the entire amount attributable to the $5.00 portion is not needed for the operation of a drug treatment court, the balance that is not needed for that purpose shall be used for the operation of the district court. If a drug treatment court is not planned, established, or operated in that judicial district, all $23.00 shall be used for the operation of the district court. The clerk of the district court shall transmit the balance of the filing fee to the state treasurer for deposit in the civil filing fee fund created in section 171.
(6) If the affidavit and notice to appear and answer are served by personal service, the person serving the process is entitled to the same fee and mileage as for the service of a summons and complaint out of the district court.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1970, Act 238, Eff. Jan. 1, 1971 ;-- Am. 1980, Act 67, Imd. Eff. Apr. 3, 1980 ;-- Am. 1984, Act 278, Eff. Jan. 1, 1985 ;-- Am. 1988, Act 310, Eff. Jan. 1, 1989 ;-- Am. 1992, Act 233, Eff. Mar. 31, 1993 ;-- Am. 1992, Act 292, Imd. Eff. Dec. 18, 1992 ;-- Am. 1993, Act 189, Eff. Oct. 8, 1993 ;-- Am. 2003, Act 138, Eff. Oct. 1, 2003 ;-- Am. 2005, Act 151, Imd. Eff. Sept. 30, 2005

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.