Civil Division

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

Forms

• All General Civil Forms (Supreme Court Administrative Office)

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 
  • Non-payment of rent (Form DC 102a)
  • To recover possession of property  (Form DC 102c)
• Original Notice to Quit 
  • Demand for Possession/Non-Payment of Rent - 7 Day (Form DC 100a)
  • Notice to Quit to Recover Possession of Property – 30 Day (Form DC 100c)
• 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. 

Fees:

• Possession Only & Land Contract Cases - $55

• 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:

• Fraud
• Libel- a published false statement that is damaging to a person's reputation 
• Slander
• Assault/Battery
• 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.

Forms

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.

• A Practical Guide for Tenants & Landlords

The following individuals are appointed as 40th District Court Officers:

*Requests for personal process service must be made via www.40th-Service.com.