Car Accident Lawyers

Where civil forms are available for pick-up?

Civil forms are available between the hours of 8:00 a.m. and 4:00 p.m. at the Tenth District Court, located in the Justice Center at 161 E. Michigan Ave., Battle Creek. Forms can also be pickup at your local public library if you reside in Calhoun County.

How do I file small claims?

An affidavit and claim form must be completed. You must know the name and address of the person your are suing, the date the claim arose, a brief description of the claim and the dollar amount you are suing for. Be prepared to pay a filing fee when you file your claim with the court. The filing fee can be paid in the form of cash, check or money order, payable to the Tenth District Court. The defendant, who is the person you are suing, must be 18 years of age. You must sign the form and your signature must be notarized by a notary or witnessed by a court clerk. After the case has been filed, the affidavit and claim must be served on the defendant. The affidavit is good for 91 days. If the defendant is not served within the 91 days, your case will be dismissed. If dismissal occurs, you may re-file. You, the plaintiff, can not serve the papers on the person you are suing. They must be given to a competent person at least 18 years of age. You may leave the papers with the court for service. The court will give the papers to an independent process server. They will bill you directly for serving the papers. A court date will be set after proof of service is filed. The court will notify you by mail, of the scheduled court date.

What if I don’t know the persons name?

It is your responsibility to find the name of the person you are suing and their address. The Court does not investigate this for you. If there was an accident, the name would be included in a police report. You may need to research your own contacts to find the information required to file your claim.

What if I don’t know where the person lives?

It is your responsibility to research for the address. You would have to ask contacts of your own as the court does not investigate for you. A process server may charge you and additional $10.00 for an incorrect address listed on the service papers.

What is the most I can file for and are there other expenses?

The maximum amount you can file for in small claims is $3,000. If you use a process server to serve the papers, there will be a charge of $16.00 to serve the affidavit and mileage fee of $.34.5 per mile. The process server will bill you after the papers have been served. You are required to mail payment to the process server.

How old can the case be?

You should consult with an attorney regarding the issues of your claim. Understand that an attorney can not represent you in small claims court, but you may get legal advice from an attorney to file your claim properly.

Can an attorney help me?

You are not required to obtain an attorney. Attorneys can not represent in small claims court; however, if your issues require legal advise, it may be in your best interest to seek legal advice to file your claim properly. Court clerical staff may not give legal advice. If you file incorrectly, you risk the chance of your case being dismissed.

What is venue and what if I’m not sure the address is in Calhoun County?

The venue is where the action took place or where the defendant lives. If you do not know if the address is in Calhoun County, you can call the post office to see if the address falls within Calhoun County. If the address is not in Calhoun County, you would file at the County Courthouse that has jurisdiction over the address.

Do I have to appear in court?

Yes. You will receive a notice to appear mailed by the Court. Carefully review the notice. It is your responsibility to be at the hearing on time, the court will not call and remind you of the hearing.

How do I know if the defendant was served papers and what happens if we cannot serve the defendant?

You will receive a billing statement from the process server. If you do not receive a statement you may contact the civil division to verify service (269-969-6683). If the defendant cannot be served, you may request the server to prepare a motion and order for alternate service. This will allow a court order for tacking and mailing papers to the defendant. The process server will ask the post office for a postal search. Once the court receives the papers, an order signed by the judge allowing service to the last known address will be re-issued for service. You will then receive a billing from the process server.

Source : http://courts.co.calhoun.mi.us/book040.htm