Legal Question in Civil Litigation in Michigan
Court Cost
Based on some research, it appears there is no court cost difference for filing a lawsuit as small claims or general civil within Michigan. Aside from the restrictions of small claims and right to an attorney, is there really any advantage to filing as small claims rather than just filing anything as general civil?
1 Answer from Attorneys
Re: Court Cost
Yes the filing fees vary - contact the district court or go online to check the current filing fees, as it depends on the amount you are claiming. Small claims matters are generally resolved with only 1 hearing. However, since they move them quickly, you generally do not conduct any discovery (obtaining relevant information from the other party). If the damages claimed are under $3,000, then the case is put in small claims unless you request the general civil docket, which moves slower. Also, an entity cannot represent itself in court and must have a lawyer, so if you are suing a company, it will likely get moved to the general civil docket.
Other advantages or disadvantages likely depend on the Court, which Judge you could be assigned to, etc.