Civil/Small Claims Division


The District Court has jurisdiction in civil matters involving no more than $25,000.

District Court handles the following types of civil cases:

Fee Schedule  The 89th District Court has the following fees pertaining to civil matters.

The court also utilizes Community Mediation Services as an alternative in resolving civil matters.

 

 

 

 

 

 

 

 

General Civil/Court Forms

A civil case is a dispute between two or more parties in which the first party, called the plaintiff, accuses the second party, called the defendant, of violating some rule of civil law which has caused injury or damage to the plaintiff.  Either party may be an individual or a corporation.

Cases involving lawsuits between two or more parties may seek money damages, injunctions or equitable relief.

If the claim amount is $25,000 or less, the lawsuit is filed with the district court.  (If the claim is over $25,000, the lawsuit is filed with the circuit court.)

General Civil Fee Schedule

 

 
Do I need a lawyer to represent me?

In civil cases, all rules of evidence apply.    Frequently, parties retain a lawyer to represent them in general civil lawsuits.  A lawyer is not required, however.

 
How do I know where to file a claim?

Typically, a case may be filed either where the defendant resides, has a place of business, conducts business, or has a registered office.  Sometimes the case may also be filed where the action arose. 

 

Court Forms

Approved court forms for General Civil cases



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Small Claims/Court Forms

You agree to give up the following rights:

  1. the right to have an attorney

  2. the right to appeal to a higher court

  3. the right to a jury trial

Who may file a small claim?

Any person over the age of 17 may file a small claim.

Are there fees to file a small claim?

Yes.  Browse Small Claim Fee Schedule.

How do I know what county to file a claim?

  • the business or person you are suing must do business or live in Cheboygan County, or the action must have occurred in Cheboygan County.

Terminology defined -

  • Plaintiff - a party who sues another party

  • Defendant - a party being sued

(There can be more than one plaintiff or defendant in the same action)

Am I responsible for locating the parties, determining course of action, and gathering witnesses and evidence?

  •      Yes, all parties are responsible for locating witnesses,  gathering evidence, and determining the course of action.

What is the most I can collect through a settlement in small claims court?

  • $3,000 plus costs

COURT FORMS

Approved court forms for Small Claims

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Summary Proceedings

Approved court forms for Landlord-Tenant and Land Contract Matters

 

 

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Fee Schedule

for small claims :

filing fees  
  • up to $ 600
 25.00
  • $ 600 - $ 1750
 45.00
  • $ 1751 - $3000
 65.00
certified mailing 10.00
writ of garnishment 15.00
writ of execution /order to seize property 15.00
discovery subpoena 15.00
motion fee 20.00
    
process server 21.00 (plus mileage per statute)

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for general civil:

filing fees  
  • up to $600
 25.00
  • $600-$1,750
 45.00
  • $1,750-$10,000
 65.00
  • $10,000-$25,000
 150.00
claim & delivery 65.00
jury demand 50.00
motion fee 20.00
discovery subpoena 15.00
writ of garnishment 15.00
writ of restitution & execution/ order to seize property 15.00

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Community Mediation Services

Serving Antrim, Cheboygan, Crawford, Kalkaska, and Otsego counties.

E-Mail Address
mediation@voyager.net 

Address
116 5th Street
Gaylord, MI  49735

Phone Number(s)
1-517-732-1576
1-800-873-7658 (Toll Free)

Fax Number
1-989-705-1337
What is Mediation?

  • Mediation is a process in which two or more people involved in a dispute meet in a private, confidential setting and with the help of a neutral "trained" person (mediator),  work out a solution to their problem.

  • Mediation offers the opportunity for parties to participate in resolving their dispute rather than having it resolved for them by a judge.

  • Mediators are community volunteers who receive specialized training in conflict resolution techniques and communication skills.  A mediator is not a judge; they do not decide who is right or wrong in a disagreement.

  • During mediation, all parties involved in the dispute explain the situation as they see it and present their ideas on how they think the matter can be resolved.  Mediators help the disputing parties develop and agree upon a realistic, workable solution to their problem.

Cases Appropriate for Mediation 

A wide variety of cases can be successfully resolved through mediation.  Each mediation center typically handles cases involving:

  • Property damage

  • Neighborhood issues such as joint driveway or fence problems

  • Consumer/merchant disputes

  • Business and contract disputes

  • Small Claims

  • Landlord/Tenant disputes

  • Difficulties with and between children or teens

  • Family disputes involving siblings, relatives or parent/child such as contested wills or curfew agreements

  • Conflicts between parents of students with disabilities and school personnel

  • Other disputes when both sides agree to mediation.

Why should I use mediation?

Reasons to consider mediation include:

  1. The decision making process belongs to you.

  2. It works.  The goal of mediation is to have all parties arrive at a mutually satisfactory agreement.

  3. It's cheap.  The service is free, however donations are appreciated.

  4. It's quick.  Most mediation sessions are scheduled within ten days of both parties' agreeing to mediate and usually last no longer than two hours.

  5. It's convenient.  Mediation can be held at your local dispute resolution center on weekdays, Saturdays, or evenings to accommodate parties' schedules.

  6. It's private.  All discussions related to the subject of the mediation remain confidential and cannot be used in a lawsuit.

What happens if an agreement or mediation is not successful?

No one will force you to reach an agreement.  If an agreement cannot be reached between the disputing parties, or if one or more of the parties fail to follow through with the mediation session, program staff will assist parties in exploring other options for resolving the dispute. 

Additional options may include filing a legal case in court, such as a small claims action, a civil suit, or conducting a second mediation session.

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