Can I represent myself as a judgment assignee in Michigan small claims court?

Full question:

I want to start a judgment recovery business in Michigan. I was told that I cannot represent myself in small claims court, as a third party assignee on a money judgment. (Supposedly, because small claims court isn't a court of record.) If, this is true, and I can't work this business on the small claims level, can I do the business in any of the higher courts.

Answer:

In Michigan, small claims courts are valid jurisdictions and part of the district court system. If you are a third-party assignee of a money judgment, you can represent yourself in small claims court. There is no prohibition against self-representation for judgment assignees in small claims court.

Once you have a judgment, the small claims court will guide you on how to enforce and collect it. If the defendant does not pay the judgment immediately, the judge may allow time for payment or set up a payment plan. If the defendant fails to pay as ordered, you can return to court to file additional documents to collect the judgment through wage garnishment, bank account garnishment, or property seizure. Note that this action cannot happen until twenty-one days after the judgment is entered. The defendant is also required to provide information to the court to assist in collection efforts.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If someone owes you money in Michigan, you can take several steps. First, try to communicate with the debtor to resolve the issue directly. If that fails, you can file a claim in small claims court if the amount is within the court's limit. After obtaining a judgment, you can enforce it through methods like wage garnishment or bank account garnishment, but you must wait 21 days after the judgment is entered before taking action. Always ensure you follow proper legal procedures during this process.