Cases in general civil court generally take longer to resolve than small claims matters.  This is because the issues involved are usually more complex.  As in all civil matters, general civil cases are started when a summons and complaint is filed along with the appropriate filing fee.  Unlike a small claims case, a trial date is not immediately scheduled.  

After a summons and complaint is filed by the plaintiff, or an attorney representing the plaintiff, further action does not generally commence until the summons and complaint is served on at least one defendant.  The summons and complaint can be served by personal service, by certified mail, by “posting” the summons and complaint, or by “publication.”  The latter two options are generally not considered until all other means of attempted service have failed.

“Posting” a summons and complaint is also called “substituted service” and requires the court’s permission.  After the judge signs an order allowing service by substituted means, a court officer, deputy sheriff, or police officer may post a copy of the summons and complaint in three separate locations, namely: on the door of the residence of the defendant, at the courthouse, and either in the post office or the City County Building.

“Publication” of a summons and complaint involves publishing it in the Detroit Legal News for a specific period of time.  Again, this requires an order signed by the judge of record.

The summons and complaint is given an expiration date of 91 days from the date of filing.  If the summons is served on the defendant(s) within that time, the case may progress.  If the summons is not served, the case may be dismissed for lack of progress unless the plaintiff or his attorney requests that a new summons be issued extending the period for service an additional 30 days.

If the summons and complaint is served on the defendant(s)… the defendant has 21 days to file a responsive pleading.  The 21 days is extended to 28 days if the summons was served by certified mail, “posting,” or “publication.”

If the defendant files a responsive pleading… in a form of an answer to the complaint, the case may be set either for trial or for settlement conference.  A settlement conference allows the judge to bring the parties together to attempt to resolve the dispute without going to trial. 

If the defendant(s) fails to file a written response within the prescribed number of days… the plaintiff may ask the judge to enter a default judgment against the defendant in the amount of damages asked for in the complaint. 

There are other possible paths that the case could take once the case is filed:

·   The plaintiff and defendant may resolve their differences outside of court.  In which case the plaintiff may ask the court to dismiss the claim.

·   Some or all of the parties may consent to a specific set of terms to resolve the matter.  They would then file a “consent judgment” with the court, outlining the terms of their agreement.

·   The defendant may file a motion asking that the court dismiss the case as being without merit.  If the judge grants the motion, all or part of the case may then be dismissed.

·   The plaintiff may ask the judge to enter a judgment for a specific amount based on an admission of responsibility within the defendant’s response to the summons.  The Judge may grant the motion and enter a judgment for the plaintiff without going to trial.

All of these different scenarios can have influence how a case might proceed.  Therefore, the court must have procedures in place to handle the many different possibilities.

Receiving a judgment from the court in your favor does not guarantee payment of the debt.  It provides you with the right to utilize legal remedies to attempt to collect.  There are a number of methods used to collect an outstanding judgment.

·       Garnishment of wages or bank account(s).  If the defendant is working and is owed a salary by a company, the plaintiff may ask the court to require that his employer deduct a specific portion of the defendant’s salary until the debt is paid.  Or the court may order a bank to deduct money from the defendant’s bank account for payment.  It is always the plaintiff’s responsibility to determine where the defendant works or banks.

·       Execution of property.  The plaintiff may ask the judge to sign an order requiring a court officer to seize property from the defendant to satisfy the debt.  Usually the court officer will sell the property at public auction with the proceeds applied toward satisfying the judgment.

·       Garnishment of Income Tax Refund.  Similar to a bank garnishment, the plaintiff may ask the State of Michigan to forward all or part of the defendant’s tax refund to the plaintiff to help satisfy the judgment.    

·       Creditor’s Examination.  The plaintiff may issue a subpoena requiring the defendant to appear in court with a specific list of information.  The plaintiff may then use this information to legally proceed with collections.

After the plaintiff has received payment in full for the amount of the judgment, it is extremely important that he file a “Satisfaction of Judgment.”  This document tells the court that the matter has been paid and the case should be closed.