Legal Question in Civil Litigation in Michigan

Changing claim amount

I removed my case (Removal to Trial Court) from Small Claims to District Court. Can I now claim (for example) $10,000.00 instead of the maximum of $3,000.00 for small claims? Does it have to be done in the form of an amended motion? and if it is past my 14 or 21 days, am i SOL? Thanks.


Asked on 5/06/08, 10:35 pm

2 Answers from Attorneys
Stuart Collis Collis, Griffor & Hendra, PC

Re: Changing claim amount

You need to ask to amend your complaint via motion.

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Answered on 5/06/08, 10:49 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Changing claim amount

You would have to amend your complaint. One amendment is permitted without permission of the court, if done before the other party answers. If the other party has already responded, you can simply file a motion to amend your complaint, and attached your proposed new complaint. Courts generally allow amendments if they are early in the case.

If all else fails and the court doesn't let you amend, you can dismiss the case and refile.

You may wish to retain an attorney to assist you with the amendment, including drafting of the motion to amend and new complaint, and arguing the motion in court, especially if the other side has a lawyer and/or will be opposing your amendment.

If you need assistance, please feel free to contact me.

Thanks.

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Answered on 5/27/08, 9:05 pm


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