83RD DISTRICT COURT

COUNTY OF ROSCOMMON

500 LAKE STREET, ROOM 120

ROSCOMMON, MI  48653

PHONE:  989/275-5312 & 989/275-5315

PROBATION:  989/275-8668

FAX:  989/275-6033

      

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SMALL CLAIMS · GENERAL CIVIL · LANDLORD TENANT

GENERAL CIVIL

989/275-5312

 

While the staff of this court will try to help either party to an action, you must understand that:

  • Our clerks are not attorneys and they cannot give legal advice.
  • The judges may not and will not give advice on matters they may have to rule on.
  • This court can render money judgments only and has no power to force anyone to do something or to stop doing something.         
  • $25,000 limit in District Court   

GENERAL CIVIL FILING FEES

Claims up to $600

$25

Claims over $600 up to $1,750

$45

Claims over $1,750 up to $10,000

$65

Claims over $10,000 up to $25,000

$150

Motion fees

$20

Jury demand fee

$50

Certified copy fee - first page

for each addition page after

$10

$  1

Copy fee, per page

$0.50


 

 

COLLECTION OF THE JUDGMENT

 

It is your responsibility to collect a judgment. Because you have a judgment, you have ways of collecting that you would not have otherwise. Two of these are:

 

Installment payments :    The court encourages the parties to agree among themselves how a judgment is to be paid. If a lump sum payment is not possible, try to reach some agreement on installment payments.  

Garnishment :   If the defendant will not voluntarily pay the judgment and you know where money is owed to him/her, such as wages, bank accounts, rentals, etc. you may want to file a writ of garnishment to attach this money. A writ of garnishment may not be issued to enforce the judgment until the expiration of 21 days after it was entered. The garnishment is filed against the person or business having possession of the monies. They are referred to as the garnishee defendant.  Income such as welfare, unemployment, social security, etc., cannot be garnished. 

 

 

Before filing a garnishment for personal wages, you must know: (1) where the defendant works; (2) how often he/she is paid; and (3) what day of the week he/she receives his/her check. This will help you decide when the garnishment should be filed and served on the garnishee defendant.

 

The garnishee defendant has seven days after service of the writ to let you, the Court, and the principal defendant know if there are available monies. In the case of wages, you are not entitled to the defendant's entire paycheck; only a portion of it as determined by a federal formula. You may have to garnish several pay checks to satisfy a judgment if no other payments are made. As you are required to sign a sworn affidavit to the truth and correctness of the amount still owing, you must keep accurate records.

 

WHEN PAYMENT OF JUDGMENT IS COMPLETE, EITHER IN FULL OR TO YOUR SATISFACTION, YOU MUST FILE A SATISFACTION OF JUDGMENT WITH THE COURT.

 


 


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