SMALL CLAIMS JURISDICTION - H.B. 4103 (S-1): FLOOR ANALYSIS
House Bill 4103 (Substitute S-1 as reported)
Sponsor: Representative Andrew Raczkowski
House Committee: Family and Civil Law
Senate Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act to increase the jurisdiction of the small claims division of the district court from $1,750 to $3,000, as of January 1, 2000.
MCL 600.8401 - Legislative Analyst: S. Lowe
FISCAL IMPACT
The bill would have an indeterminate impact on the State and local units of government. In 1997 there were 99,824 cases filed in the small claims division of district court. General civil cases filed in district court totaled 160,441. Filing fees in general civil cases are set by MCL 600.8371 and range from $17 to $100, depending on the amount in controversy. Filing fees in the small claims division of district court are set by MCL 600.8420 and range from $17 to $32. There are no data available on the number of general civil cases that included claims between $1,750 and $3,000. Also, it is possible that new cases would result from increasing the jurisdictional limit for the small claims division to $3,000. The following table shows the difference in filing fees for cases in which the amount in controversy exceeds $1,750:
| MCL 800.8371 | MCL 600.8420 | ||
| Amount in Controversy | over $1,750 to $10,000 | over $600 | Difference |
| Fee
Disposition |
$52.00 | $32.00 | ($20.00) |
| Community Dispute Resolution Fund | $2.00 | $2.00 | 0 |
| Judges Retirement System | $13.50 | $9.00 | ($4.50) |
| District Control Unit | $16.50 | $11.00 | ($5.50) |
| State Court Fund | $20.00 | $10.00 | ($10.00) |
Therefore, if a case for an amount over $1,750 were filed in small claims court, the filing fee would be $32, rather than $52.
Date Completed: 4-29-99 - Fiscal Analyst: B. BowermanFloor\hb4103 - Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.