To start a general civil lawsuit, the cause of action must have occurred within the City of Hamtramck, or the defendant must reside or do business in the City of Hamtramck.
By having your case tried in the General Civil Division, you have the following rights:
- You have the right to a jury trial.
- You have the right to be represented by an attorney.
- You have the right to an appeal beyond our court.
Filing a Complaint:
- Fill out the Summons and Complaint, form MC01 and Summons and Complaint, form MC01a and make 3 additional copies of each form.
- Submit the filing fee (see fee schedule). When filing by mail, send check or money order made payable to the 31st District Court.
- You must provide Defendant's first and last name.
- You must provide Defendant's current address (route or post office box numbers are not enough when you want a process server to make personal service). If you furnish an incorrect address and the court officer attempts service, he/she is allowed by law to charge you for his/her time.
- You must provide the amount of your claim and any pertinent dates.
You must provide a brief and concise statement detailing the nature of the claim. It is your responsibility to prove two things to the Court. First, liability- Why is it the defendant's obligation or responsibility to pay the money you claim? Second, damages- What is the exact amount of the money owed?
Once the complaint is filed, the Defendant must be allowed sufficient time to reply to the complaint. If the Defendant was served by certified mail, or they were served outside the state of Michigan, they have 28 days to respond. If they were served by a process server they have 21 days to respond.