Legal Question in Credit and Debt Law in Michigan

collection on a small claims court case.

I filed an MC-35 Complaint, Claim and Delivery form with small claims court as well as the defendant being served an MC-01 Summons and Complaint. The defendant was then sent an MC-36 Motion for Possession Pending Judgment, claim and delivery and the judge ruled for me by default and then an MC-39 Judgment Claim and delivery was sent to the defendant and still no word and/or payment from the defendant has been received. Now the court is saying I don't have a Judgment (a DC-85 form) and I have to fill out more paperwork and submit it to the court with more money for filing and process server fees to collect on what the defendant already owes me. The court is saying I need to file an MC-11 which is a Discovery Subpeona (order to appear) as well as a DC-87 which is an Affidavit of Judgment Debtor for the defendant to fill out. If I hire an attorney to assist me in collecting this debt, can I also charge the defendant all my legal fees on top of what the defendant owes me already plus any and all interest and penalties as costs incurred recovering this debt?


Asked on 9/26/07, 1:09 pm

2 Answers from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: collection on a small claims court case.

It is unlikely you will be able to recover more than $75-150 in attorney fees as these are the statutory limits for collection cases.

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Answered on 9/27/07, 1:12 pm
Aaron Miller Law Office of Aaron W. Miller pllc

Re: collection on a small claims court case.

There is a court of appeals case that states that lawyers may not participate in small claims cases, including post judgment motions. Many District Courts in Michigan interpret this as meaning that an attorney cannot take on collections cases like yours.

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Answered on 10/02/07, 8:07 am


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