SMALL CLAIMS ACTIONS REVISIONS S.B. 1103 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 1103 (Substitute S-1 as reported)
CONTENT
The bill would amend Chapter 84 (Small Claims Division) of the Revised Judicature Act to do the following:
-- Require a copy of the instructions for commencing or defending an action in small claims court to be available electronically.
-- Delete a requirement that an affidavit be in boldface type.
-- Change all references to affidavit to statement of claim.
-- Require that a fee for filing an affidavit be determined by the State Court Administrative Office, and include only the cost of certified mail with restricted delivery, postage, return receipt, printing or copying, and envelope.
-- Delete a provision prohibiting a fee or charge from being collected for the taking of affidavits for use in connection with any action commenced under Chapter 84.
-- Delete a provision requiring a defendant in a small claims action to file with a district court clerk or deputy clerk an affidavit setting forth the commencement of an action against the plaintiff if the defendant had a claim against the plaintiff that was for an amount over the jurisdiction of the small claims court, but of a nature that would be subject to counterclaim.
MCL 600.8401 et al. Legislative Analyst: Stephen Jackson
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 12-3-18 Fiscal Analyst: Abbey Frazier
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.