Legal Question in Civil Litigation in Michigan

Re: small claims court

Generally, if the person you take to small claims court does not show, you may be able to obtain a default judgment. Once you have a judgment, through default or otherwise, you will have the right to collect your money, and there are several ways to do this. You may agree on payment terms with the defendant, if the person is willing and present at court. If the defendant is not willing or present at court (e.g. a default judgment situation), the court will send a copy of the small claims judgment to the defendant. The judgment will order the defendant to pay you within 21 days or otherwise identify the locations of his/her emplayment and bank account(s). If the defendant does not pay as ordered, you will have to collect your money through garnishment or execution. Garnishment allows you to collect your judgment direcly from the defendant's wages, bank account(s) or other sources. Execution (against property) allows a court officer to seize property beloging to the defendant which can then pbe sold to satisfy your judgment in whole or in part. You may also file a lawsuit in civil court (instead of small claims), but the process is more costly and you will likely need an attorney. The foregoing information is for general use only, and you may wish to consult an attorney for specific legal advice. If you have any further questions, please feel free to e-mail me at [email protected].