7.14​Examples of Common Areas of Substantive Law at Issue in Small Claims Proceedings

Actions for fraud, libel, slander, assault, battery, or other intentional torts cannot be commenced in the small claims division; however, actions for dishonored checks under MCL 600.2952(6) and the Consumer Protection Act actions are exceptions to this rule. MCL 600.8424(1).

Acts that may be relevant to a small claims action include:

•​Payment of Wages and Fringe Benefits Act, MCL 408.471 et seq.

•​Motor Vehicle Service and Repair Act, MCL 257.1301 et seq.

•​Seller Disclosure Act, MCL 565.951 et seq.

•​Occupational Code, MCL 339.2401 et seq.

•​Unlawful eviction or interference of possession, MCL 600.2918.

•​Allows a person who is ejected in a forcible and unlawful manner to recover possession and three times the amount of his or her actual damages or $200, whichever is greater. MCL 600.2918(1).

•​Allows any tenant whose possessory interest is unlawfully interfered with by the owner to recover possession and his or her actual damages or $200, whichever is greater. MCL 600.2918(2).

•​Bad checks, MCL 600.2952.

•​A maker who fails to pay a dishonored check, draft, or order for payment of money may be liable to the payee for: (1) the full amount of the check; (2) civil damages of twice the check amount or $100, whichever is greater; and (3) costs of $250. MCL 600.2952(4). However, note that there are different rules for deferred presentment transactions (payday loans), under the Deferred Presentment Service Transactions Act, MCL 487.2121 et seq.

•​Landlord-Tenant Act, MCL 554.601 et seq.

•​Landlord’s action for damages, MCL 554.613.

•​Shopping Reform and Modernization Act, MCL 445.311 et seq.

•​Insurance Code (Motor Vehicle, Personal, and Property Protection), MCL 500.3101 et seq.

•​Under the “mini-tort” provision, MCL 500.3135, a person may recover damages to a motor vehicle up to $1,000 for accidents occurring before July 1, 2020, and up to $3,000 for accidents occurring on or after July 1, 2020,¹⁰ to the extent damages are not covered by insurance. MCL 500.3135(3)(e).

•​Michigan Consumer Protection Act, MCL 445.901 et seq.

•​A person may claim reasonable attorney fees plus actual damages or $250, whichever is greater, for a violation of the Michigan Consumer Protection Act. MCL 445.911(2).

•​Rental-Purchase Agreement Act, MCL 445.951 et seq.

•​A person may claim reasonable attorney fees plus actual damages or $250, whichever is greater, for violation of the Rental-Purchase Agreement Act. MCL 445.964(2).