1. The right to have an attorney,
2. The right to appeal to a higher court,
3. The right to a jury trial

The defendant may not choose to give up these rights. If they refuse, they can demand, before or at the time of the hearing, that the case be transferred to the General Civil Division. Then, either side may hire an attorney, request a jury trial, and have the right to appeal.

Filing a Claim:

1. Fill out the Affidavit and Claim form DC 84 plus 3 additional copies.
2. The filing fee. If applicable, the service fee for certified mail is also due.(see fee schedule). When filing by mail, send a check (Michigan banks only) or money order made payable to the 35th District Court.
3. Defendant’s first and last name.
4. Defendant’s current address (route or post office box numbers are not enough when you want a process server to make personal services). If you furnish an incorrect address and the court officer attempts service, they are allowed by law to charge you for their time.
5. Amount of claim and pertinent dates.
6. A brief and concise statement of the nature of the claim. The responsibility is yours to prove two things to the Court. First, liability- why it is the defendant’s obligation or responsibility to pay the money you claim. Second, damages- what is the exact amount of the money owed.
7. A minimum of 2 copies of all exhibits or documents that support the claim, need to be submitted at the time of filing. If there is more than one defendant and the court is providing service additional copies for each defendant are required.
8. Decide how you would like the defendant served (sheriff, deputy sheriff, bailiff, appointed court officer, attorney for a party, legally competent adult who is not a party or an officer of a corporate party, or by certified mail).  If choosing anything other than a court officer, who will bill you separately, you must include a prepaid return envelope for your service copies.