Legal Question in Credit and Debt Law in Michigan

Re: small claims court.

It is VERY common for court clerks to treat laypersons like dirt. They are are a power trip. Don't let them have power over you by being affected. People who act like them are idiots. The rule is MCR 2.602. Google it and you will find the pdf of the rule.

(B) Procedure of Entry of Judgments and Orders. An order or judgment shall be entered by one of the following methods:

(3) Within 7 days after the granting of the judgment or order, or later if the court allows, a party may serve a copy of the proposed judgment or order on the other parties, with a notice to them that it will be submitted to the court for signing if no written objections to its accuracy or completeness are filed with the court clerk within 7 days after service of the notice. The party must file with the court clerk the original of the proposed judgment or order and proof of its service on the other parties.

(a) If no written objections are filed within 7 days, the clerk shall submit the judgment or order to the court, and the court shall then sign it if, in the court�s determination, it comports with the court�s decision. If the proposed judgment or order does not comport with the decision, the court shall direct the clerk to notify the parties to appear before the court on a specified date for settlement of the matter.

(b) Objections regarding the accuracy or completeness of the judgment or order must state with specificity the inaccuracy or omission.

(c) The party filing the objections must serve them on all parties as required by MCR 2.107, together with a notice of hearing and an alternate proposed judgment or order.

(D) Service.

(1) The party securing the signing of the judgment or order shall serve a copy, within 7 days after it has been signed, on all other parties, and file proof of service with the court clerk.

(2) If a judgment for reimbursement to the state for the value of game or protected animals is entered pursuant to MCL 324.40119 or for the value of fish is entered pursuant to MCL 324.48740, the clerk shall provide a copy of the judgment to the Department of Natural Resources. The judgment may be enforced as a civil judgment.

Send a cover letter stating: Per MCR 2.602, enclosed is an Order in Case No. []. If the order is not signed by the judge, then you will need this language also: This Order will be submitted to the court for signing if no written objections to its accuracy or completeness are filed with the court clerk within 7 days after service of the notice.

You must file with the court clerk the original of the judgment/order and proof of its service on the other party.

(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)

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Re: small claims court.

Court clerks are often put into an awkward positioin because they are asked to give legal advice which they are not allowed to give. I can't tell you how often I have been sitting in court waiting for my case to be called and a party representing him or herself stands before the court and asks the JUDGE for legal advice. Obviously, neither the judge nor court support staff can give you legal advice.