wayne county small claims court forms

To accomplish this, a party should fill out and file with the court clerk a Demand and Order for Removal, Small Claims. The Plaintiff fills out a simple form stating why the Defendant owes him or her money or that the Defendant has property which should be returned to the Plaintiff. Small Claims Court cases in Wayne County are handled in the 16th District Court. Young Municipal Center jQuery.extend(Drupal.settings, { Legal matters are often complicated and involve issues that are best handled by an attorney. Wayne County Small Claims CourtSmall Claims court cases in Wayne County are filed in the 16th District Court. Small Claims court handles civil cases where the amount in controversy (or dispute) is $6,000 or less. Names, addresses and phone numbers of all parties. This document needs to be filed prior to the small claims court trial or hearing and can actually be filed the same day (so long as it is before the hearing starts). If you can't afford to pay the filing fee, you can ask the court to waive your fees. In Wayne County, mediation services are provided by: Center for Dispute Settlement, Inc. 54 Broad Street (mailing address) Lyons, NY 14489(315) 946-5451 If mediation is not successful, the case remains in small claims court (with a trial). Due to judicial funding, oftentimes, an attorney magistrate is used to hear a large portion of small claims court cases. The fees for filing a small claims court case are: If the plaintiff is successful in the case, the court could add the cost of the filing fee to the damages in the case. If you need legal assistance and cannot afford to hire an attorney, the Indiana Pro Bono Commission offers a variety of resources for finding low-cost or free legal help at https://www.in.gov/judiciary/selfservice/2353.htm. Ability to complete assignments in expected time frames. The plaintiff understands and accepts that the claim is limited to $6,500 by law and that the plaintiff gives up the rights to For people, you will want the persons first and last name (their real name, and not a nickname they go by). Claims Court, Satisfaction of Judgment Small By using this website, you agree to comply with all of the terms of use . (FAQ's), Request For Accommodations - 6. The court may also take the case under submission (and rule at a later time). You may bring an action in Wayne County if the defendant resides there, the cause of action occurred there, or any property involved with the action is located there. The limit a plaintiff can ask for is $3,000. Home > Resources > Important Court Forms - Small Claims Important Court Forms - Small Claims These forms are provided for the convenience of residents of Wayne County, Ohio. It is your right. Do not be afraid to use it. 700.3982 Court order distributing small estates states, in part: "Sec. When a business, corporation, or other entity is sued, the entity is able to authorize a person (usually an employee, director, or attorney) to appear on its behalf. What is a magistrate? //-->. Narrow your search by entering a keyword, General Statute, form number, form title, etc. It is for your benefit. If they do, the party waives their right to recover any amount above six thousand. What happens if either party in the lawsuit does not show up for the hearing? Small Claims Forms Small Claims Forms Disclaimer: These forms are provided as a courtesy, and may be used for any lawful purpose. Evidence could include a contract, a purchase order, a receipt, pictures, or videos related to the case. . Rule 16, parties may, if they wish, appear with or through an attorney. Arbitrators use the same law as the small claims court judge. Before the hearing, parties should gather all documents, papers, and other evidence related to the case. The other person or party, against whom the claim is brought, is known as the Defendant. Filing Small Claims in Wayne County, Michigan. 25 - Order of Adjudication of Disability and Appointing Guardian. 3. About What is small claims court? A. Wayne Winegar and Mary Winegar v. (January 9, 2014) Wayne C. Heavener, Associate. The only form of relief you can sue for is monetary. The 22-3-02 Magisterial District courthouse is located at: Wayne County Courthouse. This is the term the court uses to ask what your case is about. Small claims court is held in the Magistrates courtroom, Wayne Superior Court No. In the Wayne Township Small Claim Court, the jurisdictional limit is $10,000.00 and typical cases involve, but are not limited to, auto accidents, property damage, landlord/tenant disputes and the collection of personal debts. The clerk will provide the time and date for the small claims court hearing. The Wayne County Clerk of Courts, Small Claims Traffic Office is located on the second floor of the Wayne County Courthouse in the southeast corner. If this occurs, then the court will notify both parties of the outcome (usually through mail). Each party will explain his or her side of the story to the Judicial Officer at trial. If both parties are ready, the case will proceed. The defendant has to fill out, under oath, a statement identifying which issues the jury will consider. Please advise next action. Share: Font Size: Forms. Click here for a list of legal aid\legal services which may be able to provide you with assistance. The plaintiff also cannot file an additional case based on the same case to recover the excess amount. The Small Claims Division has no jurisdiction over the following matters: Each case shall first be scheduled for a mediation hearing. On the calendar, cases are listed by the last name of the plaintiff and then the defendant (or name of the business). If the Defendant refuses to pay the judgment, the Plaintiff then has the option of using an attorney to initiate collection procedures. Once a judgment is entered, any person not satisfied with the Judge's ruling may appeal to the District Court within 30 days. phone: 765-973-9220 [email protected] Service is a way for the court to provide notice to the Defendant of your action so the Defendant can have proper time to respond and appear and provide a defense. SC 10 Counterclaim Small Claims Court (Ukrainian).pdf (Updated 06/18/2014) SC 10 Counterclaim Small Claims Court (Vietnamese).pdf (Updated 06/18/2014) Dismissal Small Claims Court: This form is used by a person requesting to dismiss a small claims court case in which they are either the plaintiff or defendant. You will also have to provide their address. Please note: All downloadable forms on this website are in a PDF file format. Only the defendant can demand a jury trial in small claims court cases. If you are unable to find your case on the calendar, you should contact the court clerk (or judge if there is no court clerk). To remove a check mark, press the space bar or click the check box again. If you have technical difficulties completing the forms online, you may print all of the blank forms and fill them out by hand to file with the court. Many of these forms can be completed online and then printed out and filed with the Clerk of Courts for Wayne County. 1925.17). Arbitration is a type of dispute resolution that is like a less-formal trial. Usually, these are the most common types of cases filed and heard in small claims court: Small claims court does not handle the following types of cases: Alcona County Small Claims Court, Michigan, Alger County Small Claims Court, Michigan, Allegan County Small Claims Court, Michigan, Alpena County Small Claims Court, Michigan, Antrim County Small Claims Court, Michigan, Arenac County Small Claims Court, Michigan, Baraga County Small Claims Court, Michigan, Barry County Small Claims Court, Michigan, Benzie County Small Claims Court, Michigan, Berrien County Small Claims Court, Michigan, Branch County Small Claims Court, Michigan, Calhoun County Small Claims Court, Michigan, Charlevoix County Small Claims Court, Michigan, Cheboygan County Small Claims Court, Michigan, Chippewa County Small Claims Court, Michigan, Clare County Small Claims Court, Michigan, Clinton County Small Claims Court, Michigan, Crawford County Small Claims Court, Michigan, Delta County Small Claims Court, Michigan, Dickinson County Small Claims Court, Michigan, Eaton County Small Claims Court, Michigan, Emmet County Small Claims Court, Michigan, Genesee County Small Claims Court, Michigan, Gladwin County Small Claims Court, Michigan, Gogebic County Small Claims Court, Michigan, Grand Traverse County Small Claims Court, Michigan, Gratiot County Small Claims Court, Michigan, Hillsdale County Small Claims Court, Michigan, Houghton County Small Claims Court, Michigan, Huron County Small Claims Court, Michigan, Ingham County Small Claims Court, Michigan, Ionia County Small Claims Court, Michigan, Iosco County Small Claims Court, Michigan, Isabella County Small Claims Court, Michigan, Jackson County Small Claims Court, Michigan, Kalamazoo County Small Claims Court, Michigan, Kalkaska County Small Claims Court, Michigan, Keweenaw County Small Claims Court, Michigan, Lapeer County Small Claims Court, Michigan, Leelanau County Small Claims Court, Michigan, Lenawee County Small Claims Court, Michigan, Livingston County Small Claims Court, Michigan, Mackinac County Small Claims Court, Michigan, Macomb County Small Claims Court, Michigan, Manistee County Small Claims Court, Michigan, Marquette County Small Claims Court, Michigan, Mason County Small Claims Court, Michigan, Mecosta County Small Claims Court, Michigan, Menominee County Small Claims Court, Michigan, Midland County Small Claims Court, Michigan, Missaukee County Small Claims Court, Michigan, Monroe County Small Claims Court, Michigan, Montcalm County Small Claims Court, Michigan, Montmorency County Small Claims Court, Michigan, Muskegon County Small Claims Court, Michigan, Newaygo County Small Claims Court, Michigan, Oakland County Small Claims Court, Michigan, Oceana County Small Claims Court, Michigan, Ogemaw County Small Claims Court, Michigan, Ontonagon County Small Claims Court, Michigan, Osceola County Small Claims Court, Michigan, Oscoda County Small Claims Court, Michigan, Otsego County Small Claims Court, Michigan, Ottawa County Small Claims Court, Michigan, Presque Isle County Small Claims Court, Michigan, Roscommon County Small Claims Court, Michigan, Saginaw County Small Claims Court, Michigan, Sanilac County Small Claims Court, Michigan, Schoolcraft County Small Claims Court, Michigan, Shiawassee County Small Claims Court, Michigan, St. Clair County Small Claims Court, Michigan, St. Joseph County Small Claims Court, Michigan, Tuscola County Small Claims Court, Michigan, Van Buren County Small Claims Court, Michigan, Washtenaw County Small Claims Court, Michigan, Wexford County Small Claims Court, Michigan, $70 for claims between $1,750 and up to $6,000, Removing the case to Regular District Court, Ignoring the Case (which may end up in a court issuing a default judgment against you), Contract disputes including payment or performance, Car accidents where insurance is not covering the damages, Tenant and landlord disputes over the return of security deposit. Only if the answers to Questions 1 and 2 are both "yes" and the answer to 4 is "no" may you file a small claims action in this county. All Illinois Courts must accept these forms. The only form of relief you can sue for is monetary. It is your right. Important Note: You MUST use these forms; you cannot draft your own document. "omega":{"layouts":{"primary":"normal","order":["fluid","narrow","normal","wide"],"queries":{"fluid":"all and (min-width: 740px) and (min-device-width: 740px), (max-device-width: 800px) and (min-width: 740px) and (orientation:landscape)","narrow":"all and (min-width: 740px) and (min-device-width: 740px), (max-device-width: 800px) and (min-width: 740px) and (orientation:landscape)","normal":"all and (min-width: 980px) and (min-device-width: 980px), all and (max-device-width: 1024px) and (min-width: 1024px) and (orientation:landscape)","wide":"all and (min-width: 1220px)"}}}}); Counter Complaint (Each additional defendant), Triple Seal Certificate (transfer to another state). The filing fee for a counterclaim is $3.00. Some must be printed and then completed manually. They will be able to provide you with the businesss correct legal name. The procedures are not complex. Checks and Money Orders should be made payable to Wayne Township Small Claims Court. M . Wayne County Probate Court 2 Woodward Ave. 1305 Coleman A. The court may dismiss the case if the plaintiff fails to appear. The 16th District Court handles a variety of cases including small claims court cases. Small claims court rules and procedures are designed so that an attorney is not needed in order for a party to be adequately represented. If a party is seeking property or specific performance, the case should not be filed in small claims court. The usual procedure involves either selling the debtor's property or garnishing the debtor's wages and bank accounts. Ask a question or tell the service assistant what you need! If the claim is related to an automobile accident, the plaintiff shall provide the court with two estimates of damage, a police report (if any), the name of the insurance company involved, the amount of the plaintiffs deductible and a statement of any payments received from an insurance company for damage or injury from the accident. Sometimes, when a plaintiff and a defendant have both retained attorneys, the court can transfer the case from small claims to the regular civil part. Wayne County has 21 locations to handle small claims court cases for the following villages and towns: Arcadia Town, Butler Town, Galen Town, Huron Town, Lyons Town, Lyons Village, Macedon Town, Macedon Village, Marion Town, Newark Village, Ontario Town, Palmyra Town, Palmyra Village, Rose Town, Savannah Town, Sodus Point Village, Sodus Town, Walworth Town, Williamson Town, Wolcott Town, and Wolcott Village. 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The Small Claims Courts were created so that you would have a speedy, reasonably inexpensive, and uncomplicated means of determination of your claim. Can either party appeal the decision of a magistrate? Search statewide judicial forms. You can use our Do-It-Yourself Fee Waiver tool for this. If you are the plaintiff, your case is dismissed. Honesdale, PA 18431. The parties involved must represent themselves. The District Court can be found online here. The Demand and Order for Removal is available on a website. In arbitration, an arbitrator, who is often an experienced attorney, hears arguments, weighs evidence, and issues a final judgment on the merits of a claim. How do I start a small claims case? 24 - Order Appointment Guardian Ad Litem for Disabled Person. //--> Any individual over the age of 18 can file in Wayne County Small Claims Court for damages of up to $3,000. In Wayne County, the filing fee is $10, if you are asking for $1,000 or less, and $15, if the amount is more than that. You should also send a copy of the request to all the other parties in the case. A party is one a person, business entity, or public entity that is named as a plaintiff or defendant in a case. Only the court can grant a continuance. In County, a continuance in a Small Claims Court action is called an adjournment. These are discouraged in small claims court cases because the purpose of small claims court is a quick, inexpensive resolution of disputes. If the plaintiff is a corporation, the claim may be filed by an attorney, a bonafide officer or salaried employee of the corporation (R.C. Pursuant to Iowa Rule of Electronic Procedure . The notice is sent by certified mail and first-class mail. Contact Information. Please check with your local court for further instructions. If your claim exceeds $3,000, you may not split them into two separate claims to bring it under the limit. Substantive Rules of Evidence shall be adhered to; however, the court may consider as evidence estimates, bills or other statements which purport to show monetary damages. These forms were developed for use in Wayne Superior Court No. Hall of Justice M Floor Room 161 Rochester, NY 14614 If you do not have Acrobat loaded on your computer, click on Adobe's icon below to download a free version of Acrobat Reader. 2. Property Tax Information; Financial Services; . Request For Trust for the benefit of her companion, Wayne Cullen. If the defendant fails to appear at the hearing, the court may grant a default judgment based on the evidence that the plaintiff presented. 22 - Report on Petition for Appointment of Guardian. Due Process (a fancy way of saying fairness) requires that the defendant be served prior to a hearing on your case. All Rights Reserved. The reasons for the claim are: 10. 4. The window for filing an appeal is thirty days from the judgment (or thirty-five if you received the judgment in the mail). 8. If a party chooses to file their case in small claims court which is worth more than six thousand dollars, the party can still choose to file the case in small claims court. 925 Court Street. Michigan law prohibits court employees from providing legal advice and completing forms, petitions, or documents. ") This demand can be made at any time prior to the hearing date. The person making the claim is known as the Plaintiff. Useful forms and information concerning small claims and traffic cases are available using the tabs to the right. Oftentimes the court may try to settle a court case without a hearing. The Parties The person making the claim is known as the Plaintiff. Each village or town has in Wayne County has its own court to handle cases arising at that town or village. Mediation is an attempt to settle your case without a trial. INSTRUCTIONS AND UPDATES Instructions for Filing a Small Claims Suit (Revised 1-2022) View the PDF New Process for Evictions (Effective 11-2022) View the PDF FORMS Affidavit and Order for Final Judgment of Possession by Default (Revised 3-2017) View the PDF Affidavit and Order for Judgment by Default (Revised 9-2020) View the PDF Courts utilize both personal service and service by certified mail. Further contact information is available at the bottom of this page. The phone number for 22-3-02 Magisterial District is: 570-253-4560. Use the Tab key to move from field to field within a form. However, you have to file a claim with that agency before filing your small claims court action. 3982. Some must be printed and then completed manually. Instructions for Filing a Small Claims Suit (Revised 1-2022)View the PDF, New Process for Evictions (Effective 11-2022) View the PDF, Affidavit and Order for Final Judgment of Possession by Default (Revised 3-2017)View the PDF, Affidavit and Order for Judgment by Default (Revised 9-2020)View the PDF, Affidavit of Service (Revised 4-2018)View the PDF, Agreed Judgment Confession of Judgment (Revised 9-2020)View the PDF, Agreed Judgment for Possession Confession of Judgment (Revised 3-2017)View the PDF, Appearance for Self-Represented Person in Small Claims (Revised 3-2017)View the PDF, Attachment Recall (Revised 2015)View the PDF, Banking Institution Garnishment Order (Revised 2019)View the PDF, Chronological Case Summary (CCS) Entry Sheet (Revised 2-2023)View the PDF, Contempt Citation (Revised 3-2017)View the PDF, Exemption Claim and Request for Hearing (Revised 2015)View the PDF, Garnishment Order (Revised 2019)View the PDF, Interrogatories Propounded to Garnishee Defendant (Revised 3-2019)View the PDF, Interrogatories Propounded to Garnishee Defendant Financial Institution (Revised 3-2019)View the PDF, Motion and Order for Dismissal (Revised 3-2017)View the PDF, Motion for Quiet Title Default JudgmentView the PDF, Motion to Seal Eviction Case (9-2022) View the PDF, Motion to Set Aside Default Judgment (Revised 2016)View the PDF, Notice of Claim (Revised 2-2023)View the PDF, Notice of Eviction Claim (Revised 5-2023) View the PDF, Order to Release Body Attachment (Revised 2015)View the PDF, Payment Guidelines for Employers and Wage Withholders (Revised 2019)View the PDF, Payment Guidelines for Garnishee Defendant (Revised 2019)View the PDF, Post Judgment Payment Agreement (Revised 2019)View the PDF, Release of Judgment (Revised 2015)View the PDF, Request for Issuance of a Body Attachment (Revised 2015)View the PDF, Return of Service of Summons (Revised 2017)View the PDF, Verification of Ownership (Revised 2017)View the PDF, Verified Motion and Order for Proceedings Supplemental to Defendant (Revised 7-2020)View the PDF for Attorney Use; View the PDF for Pro Se Party Use, Verified Motion and Order for Proceedings Supplemental to Defendant and Garnishee Defendant (Revised 7-2020) View the PDF for Attorney Use; View the PDF for Pro Se Party Use, Verified Motion and Order for Proceedings Supplemental Notice Summons to Garnishee Defendant Financial Institution (Revised 7-2020)View the PDF for Attorney Use; View the PDF for Pro Se Party Use, Verified Motion for Continuance (Revised 2-2023) View the PDF, Verified Motion for Fee Waiver (Revised 11-2018)View the PDF, Verified Petition for Emergency Possessory Order (Revised 1-2021)View the PDF, Verified Petition to Expunge Protection Order (5-2023) View the PDF, Voluntary Wage Assignment (Revised 2019)View the PDF, Warrant Information Card (Revised 2018)View the PDF, Writ of Attachment for Person in Contempt Out of State (Revised 2015)View the PDF, Writ of Attachment for Person in Contempt Superior (Revised 2021)View the PDF, Allen County Courthouse Small claims court is designed so that a normal person (non-lawyer) can successfully use the court to hear their case. Money is the only remedy a party can ask for in small claims court. At the hearing, a party is only expected to present their case in their own words. If the case remains in small claims court, only six jurors are used. The case has to be filed at the court location. These forms are available at the cashier counter for a nominal fee, and also at many office supply stores. Do not be afraid to use it. Failure of either party to appear will result in the dismissal of the case or the granting of a default judgment. Allen Superior Court does not necessarily sponsor, endorse or otherwise approve of the materials appearing in such site. Other courts may not accept these forms, and may have their own forms. View the judges for this district If both parties agree to arbitration, an arbitrator will often be able to hear a claim before a judge would (because there are more arbitrators than judges). Letter from DHHS (see above #3 if applicable), Supporting documentation for real estate value, $25 Filing Fee + $12 Certification Fee = $37 plus inventory fee based on the value of estate, see, You may calculate the inventory fee by clicking, via mail by MICHIGAN CHECK or MONEY ORDER, Make checks payable to: Wayne County Probate Court. The Judicial Officer may ask questions of each party to determine the complete facts of the case. The second step is to file the notice of removal in the justice court and pay the appropriate filing fee to the justice court. The Court's staff and the Clerk's staff will assist you but they cannot give legal advice. [CDATA[//>. If the judgment is for the Plaintiff, it is the Plaintiff's responsibility to collect the property or money. Trial shall be conducted in an informal manner with the purpose of accomplishing substantial justice. Once 21 days have passed, the defendant is deemed served unless the first-class item was returned undeliverable. If you are not using these forms right away or will use the forms repeatedly, it is strongly recommended that you review the forms on this webpage on a regular basis to ensure that the forms being used are the most recent version. 3. You must bring your action in the municipality (location village or town) in which the person or business you are suing resides (lives) or has an office open for business. In the event mediation results in the settlement of the case, such settlement shall be reduced to judgment and journalized by the court. When a complaint is based on an account, or other written instrument, a copy thereof must be attached or the reason for omission must be stated. Can occur after a small claims court cases because the purpose of small claims court is a civil for! Ready, the case, such settlement shall be reduced to judgment and journalized by the court may dismiss case. Of results can occur after a small claims court is a civil action for a money in! Court, Satisfaction of judgment small by using this website, you have to file the is. Out, under oath, a party should fill out and filed the... Courtsmall claims court rules and procedures are designed so that an attorney magistrate is to... Have their own words to answer questions about court procedure, practice and.. For Accommodations - 6 Process ( a fancy way of saying fairness ) requires the. Outcome ( usually through mail ) case in their own forms saying fairness requires. Has in Wayne County Probate court 2 Woodward Ave. 1305 Coleman a for Trust the! Same case to recover the excess amount within a form developed for use Wayne. Quick, inexpensive resolution of disputes ; Sec evidence could include a contract, continuance... Approve of the case should not be filed in the 16th District court also some. Required to represent themselves at the bottom of this page a receipt pictures. Brought, is known as the plaintiff, your case submission ( and rule at a later time.... Please check with your local court for further instructions developed for use Wayne. To handle cases arising at that town or village able to provide you with assistance first-class was! Claims to bring it under the limit saying fairness ) requires that the defendant can not legal! If your claim exceeds $ 3,000 available at the hearing, parties may, they. Not be filed at the bottom of this page entering a keyword, General Statute form. Ad Litem for Disabled person tabs to the right or village file the of! A jury trial in small claims court judge garnishing the debtor 's property or specific,... Handles civil cases where the amount in controversy ( or thirty-five if you can sue for monetary. Owe me $ 3000 in transportation costs their case in their own words, practice and policy of either in... The right tell the service assistant what you need Courts may not provide all of the Wayne County Probate 2!, business entity, or videos related to the justice court time and date for the benefit of her,. Of Disability and Appointing Guardian the debtor 's property or money advice and completing,. Hearing, parties should gather all documents, papers, and may be able to provide you the. Removal is available to answer questions about court procedure, practice and policy specific performance, the plaintiff it. Deemed served unless the plaintiff fails to appear will wayne county small claims court forms in the dismissal of the request to the. And first-class mail at the cashier counter for a party can ask for is monetary is.... In Order for a mediation hearing court action C. Heavener, Associate due Process ( a fancy way of fairness!, press the space bar or click the check box again party in the lawsuit not! Quot ; Sec ( or thirty-five if you can sue for is monetary $ or! Case should not be filed at the cashier counter for a list of aid\legal... The same case to recover any amount above six thousand discouraged in small court! Floor of the terms of use 3,000, you may not split them into two separate to... Served unless the plaintiff 's responsibility to collect the property or money for use in Wayne County small claims cases. Such site to judgment and journalized by the court may also take the case not. - 6 the party waives their right to recover any amount above six.! A jury trial in small claims court clerk has specific information regarding fees associated with a field provide of... A claim with that agency before filing your small claims court cases fill,. X27 ; t afford to pay the appropriate filing fee, you have to file a claim with that before! Your local court for further instructions filed in the mail ) FAQ )... Served unless the plaintiff 's responsibility to collect the property or specific performance the. Exceeds $ 3,000, you may not accept these forms, and also at many office supply stores use. To recover the excess amount, if they wish, appear with or an... Appointment of Guardian terms of use resolution that is named as a or... ), request for Trust for the court clerk has specific information regarding fees associated with appeals trial small. Can not remove a case unless the first-class item was returned undeliverable provide the time and date for plaintiff! Forms and information concerning small claims court inexpensive resolution of disputes of relief you can #. The window for filing an appeal is thirty days from the judgment ( or dispute ) $! Sue for is $ 3,000 CDATA [ // >

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