General Civil

General Civil

What is General Civil Court?

The general civil division is responsible for handling monetary disputes up to $25,000, and claim and delivery cases in which the item in dispute is $25,000 or less.  The general civil division handles its cases in a formal setting before a judge.  The parties in a general civil case are expected to follow proper civil procedure; it is recommended that if you are not familiar with civil court rules and regulations, you consult with or hire an attorney.  

**Plaintiffs and defendants who are corporations or LLCs are required to have attorney representation.

For help locating an attorney, please contact Legal Assistance at 800-322-4512 or the Michigan State Bar.

** PLEASE NOTE THAT THE CLERKS OF THE COURT ARE NOT ATTORNEYS, AND ARE NOT ALLOWED TO ADVISE EITHER THE PLAINTIFF OR THE DEFENDANT IN ANY WAY.

The following is a very basic outline of the process a general civil lawsuit goes through:
To start the lawsuit, the plaintiff files a summons and a complaint at the court. You may file based on where the claim arose, or where the defendant/business resides/operates. The Summons & Complaint are served on the defendant. Depending on how the defendant is served, the defendant has either 21 or 28 days to file the written answer with the court, and the plaintiff, or to take other legal action.  It is important that that the defendant reads through the complaint in its entirety.  Both parties should keep copies of all paperwork that is sent and received.  If the defendant fails to file an answer, the plaintiff may request to have a default judgment entered.  If the court receives the answer timely, the court will then set the case for a pretrial.  If the parties have not settled the dispute by the time the pretrial arrives, both parties will need to come to court on the assigned date and time and check in at the Civil window.

If you have received a Default Request, Affidavit, and Entry, that means that you failed to file an answer in a timely manner. At any time, the Plaintiff may request a Default Judgment to enter against the Defendant.

For more information on general civil lawsuits, please see the State Court website.

Collecting Money on a Civil Judgment

If you are awarded a judgment for money or the defendant signs a consent judgment, you may begin collection activities 22 days after the date the judgment was signed by the judge.  To read more about options for collecting money, please see the Michigan Courts.

Commonly used Civil Forms

Summons

Complaint (Civil) 

Answer        

Blank Motion    

Motion to Set Aside Default Judgment 

Motion for Installment Payments   

Objection to Garnishment

State Income Tax Garnishment   

Periodic Garnishment 

Non-Periodic Garnishment        

Garnishment Disclosure 

Final Statement of Garnishment    

Dismissal         

Satisfaction of Judgment    

Subpoena        

Financial Statement   

Proof of Mailing        

Filing Fees (Money Judgments Only)

Claims up to $600.00 = $35
Claims from $600.01 to $1750.00 = $55
Claims from $1750.01 to $5,000.00 = $75

Claims from $10,000.01 to $25,000.00 = $160

Filing Fees (Claim & Delivery with $ Judgment)

Claims up to $600.00 = $110

Claims $600.01 - $1,750.00 = $130

Claims $1,751.01 - $10,000.00 = $150

Claims $10,000.01 - $25,000.00 = $235

Filing Fees (Possession Only Judgments)

Claim & Delivery = $75

Service Fees

Certified Mail (Restricted Delivery)
$15

Process Server
$26 + mileage from the courthouse

Post Judgment Services

Certified Copy Fee
$10

Writ of Garnishment -Periodic, Non-Periodic, and Income Tax
$15

($35 check is required payable to the Garnishee of Periodic Garnishments; $1 check is required payable to the Garnishee of Non-Periodic Garnishments & $6 check payable to the State of Michigan for Tax Garnishments)

Request & Order to Seize Property
$15

Subpoena on Discovery (Debtor's Exam)
$15

Motions**
$20

** Multiple motions filed together for the same case will only be charged one motion fee