The 40th District Court Civil Division is composed of three distinct case types:
- General Civil
- Small Claims
General Civil Cases:
- Lawsuits involving $25,000 or less
- Disputes between two or more parties
- Everyone has the right to hire their own attorney
- Everyone has the right to a jury trial (with the exception of small claims)
- Everyone has the right to appeal, however small claims can only be appealed from Magistrate to a Judge; A Judge's ruling is final.
- Corporations must be represented by an attorney
The Process of Starting A General Civil Suit:
- Ensure proper party name and address
- Prepare "Summons & Complaint" forms: MC01 & MC01a
- Pay a filing fee (check, money order, cash)
- Serve the defendant by certified mail or process server
- Confirm the case is started in the correct District Court (defendant's city of residence or city in which the action took place)
- 40th District Court serves the community of St. Clair Shores
Landlord Tenant - An association between two individuals arising from an agreement by which one individual occupies the other's real property with permission, subject to a rental fee.
The term "landlord" refers to a person who owns property and allows another person to use it for a fee. The person using the property is called a "tenant". The agreement between a landlord and a tenant is called a lease or rental agreement.
Filing a Landlord/Tenant Case In the 40th District Court:
When filing a Landlord/Tenant case in the 40th District Court, you must provide the following to the court:
- Summons packet (form Form DC 104)
- Complaint form packet
- Original Notice to Quit
- Advice of Rights (Form DC 538)
- Macomb County Local Rental and Housing Assistance
- One self-addressed envelope with paid postage
- One envelope addressed to the Defendant, with paid postage
- Filing fee: Check made payable to "40th District Court" (see “Fees” section below for proper amount)
- To arrange service, visit gouranger.com
- Plaintiffs may request the court mail a second copy of the Summons, Complaint and Attachments at least 7 days prior to the first hearing (MCR 4.201D). Requests must be made via Form DC 536. The cost is $13/defendant to be paid to the court (include with your filing fee).
*IF MORE THAN ONE DEFENDANT EXISTS, YOU MUST INCLUDE TWO EXTRA COPIES OF ALL DOCUMENTS/ENVELOPES/FORMS PER ADDITIONAL DEFENDANT.
- Possession Only & Land Contract Cases - $55
|Possession & Money Damages |
(The Supplemental Complaint)
- There is a $20 Motion Fee for any Motions filed, which must be paid at the time of filing.
- Second Court Mailing Fee (Landlord/Tenant) - $13
PAYMENT - The 40th District Court accepts Cash, Money Order, Cashier's Check, Check, and all major credit cards
*Any forms and necessary copies or envelopes that are not complete will be returned. You must have all copies with you when you file your case. The court does not provide copies or envelopes to you. The court staff is not permitted to assist in filling out any forms. Any questions you may have must be directed to an attorney*
You may file a lawsuit in small claims court for up to $6,500.00 only if the action took place in St. Clair Shores, or the defendant resides in St. Clair Shores. If your claim is more than $6,500.00, and you still elect to file in small claims court, you waive your right to collect more than that amount.
If you file a lawsuit to recover for damage to your motor vehicle arising out of an automobile accident if the other driver is at fault, you are limited to that amount not otherwise covered by your insurance up to $1,000.00 if the defendant had insurance at the time of the accident.
When you file in small claims court, you give up or waive the following rights:
- The right to be represented by an attorney
- The right to have a jury trial
- The right to appeal the final decision of the court (unless the case is heard by an attorney/magistrate)
Actions Excluded From Small Claims Filing:
You cannot file for:
- Libel- a published false statement that is damaging to a person's reputation
- Intentional Torts
Dishonored checks & Consumer Protection actions are allowed in Small Claims.
- See MCL 600.8424 on the Michigan Legislature website
- Download Small Claims Forms
- Information on Collecting on a Small Claims Judgement.
General Civil, Small Claims, and Landlord/Tenant forms are universal and are available at most courts or online at the Michigan Supreme Court Website:
- All Civil Forms (Supreme Court Administrative Office)
- General Civil Forms
- Landlord/Tenant & Land Contract Forms
- Small Claims Forms
Landlord/Tenant information booklets are available through the Civil Division.
The following individuals are appointed as 40th District Court Officers:
*Requests for personal process service must be made via www.40th-Service.com.
Civil Court Fees
Per Michigan Court Rule 1.110: Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown.
Payments can be made at the 40th District Court building during regular business hours or by using a payment kiosk and drop box at the front entrance. The kiosk and drop box are open for use 24/7.
You can make an online payment to the court using ALLPAID.
The 24-hour telephone number is 866-211-0099, pay location code 6008.
- Any checks returned for non-sufficient funds are subject to a service fee
- General Civil, Small Claims, and Landlord/Tenant forms are universal and are available at most courts or online at the Michigan Supreme Court Website.
- Landlord/Tenant information booklets are available through the Civil Division.
Small Claims Filing Fee, MCL 600.8420(1)
|Up to $600||$30|
|$601 - $1,750||$50|
|$1,751 - $6,000||$70|
|**Add certified mailing fee||$16/individual or $9/company|
General Civil Filing Fee, MCL 600.8371
|Up to $600||$35|
|$601 - $1,750||$55|
|$1,751 - $10,000||$75|
|Over $10,000 < $25,000||$160|
Filing Fee Other Than Money Judgment, MCL 600.8371(8)
|Other than money damages / Claim & Deliver|
|$85 (add value of claim)|
Landlord / Tenant, Land Contract
|Filing Fee, Possession of Premises, MCL 600.5756 (1)||$55|
|Landlord/Tenant, Second Mailing||$13 / defendant|
Possession & Money Judgement
|For Possession Only||$55|
|Up to $600||$90|
|$600.01 - $1,750||$110|
|$10,000.01 & Over||$215|
|All claims MCL 600.8371(10)|
|Fee, MCL 600.8316|
|General Civil, MCL 600.8371(8)|
- Writ of Restitution, Garnishment, Attachment, or Execution and each Judgment Debtor Discovery Subpoena
Writ of Restitution, Garnishment, Attachment, or Execution and each Judgment Debtor Discovery Subpoena
|Small Claims, MCL 600.8420(1)||$15|
|General Civil, MCL 600.8306(4)||$15|
|Discovery Subpoena, MCL 600.5757||$15|
Fees for Copies/Forms
|Certified Copies, MCL 600.2546||$10|
|Regular Copy (per page)||$1|
|Forms (per form)||$1|
|From District Court, MCL 600.6536||$25|
|Bond on Appeal, MCR 7.101(E)||$200|