This is governed by the statute of limitations, which varies by the type of claim. For example, the limit for a breach of a written contract is generally six years, while for most personal injury claims it is three years. It is crucial to consult an attorney to determine the specific deadline for your case, as missing it will permanently bar your claim.

Michigan law uses a "modified comparative negligence" rule. This means a plaintiff's potential damage award can be reduced by their percentage of fault. If a plaintiff is found to be more than 50% at fault for their own injury, they are barred from recovering any damages for pain and suffering (non-economic damages).

In mediation, a neutral mediator facilitates a negotiation, but the parties themselves must agree on a final resolution. The mediator has no power to impose a decision. In arbitration, a neutral arbitrator acts more like a private judge, hears evidence from both sides, and issues a final, binding decision.

The cost varies widely depending on the complexity of the case. It includes court filing fees, discovery costs (like deposition transcripts), and attorney's fees. Our firm is committed to managing cases efficiently and discussing fee structures transparently with our clients from the outset. For certain cases, like personal injury, we work on a contingency fee basis, meaning you pay nothing unless we win.

The small claims division of Michigan's district courts is designed to resolve minor civil disputes quickly, informally, and inexpensively. For individuals involved in Michigan contract & business disputes, it's important to know that the maximum amount that can be claimed in a small claims case is currently $7,000. If a person's claim is for more than this amount, they can still choose to file in small claims court, but by doing so, they permanently waive their right to collect any amount of the judgment that exceeds the $7,000 limit.

A defining feature of small claims court is the prohibition on legal representation. Parties are required to represent themselves; attorneys are not allowed to appear on behalf of a plaintiff or defendant, unless the attorney is a party to the case themselves. This rule is central to the court's informal nature. The proceedings are not bound by the strict rules of evidence that govern general civil cases, and there is no jury.

Choosing to use small claims court involves a significant trade-off. Litigants gain a simplified and cost-effective process, but they sacrifice fundamental legal rights. The most critical right waived is the right to appeal the judge's decision. In most small claims cases, the judge's ruling is final and cannot be appealed to a higher court. This makes the forum an efficient but high-stakes venue for resolving disputes within its monetary limit.

While you cannot have a lawyer represent you in a Grand Rapids small claims court, the Law Offices of Mitchell S. Bisson can provide crucial legal coaching and preparation services beforehand. We help clients in Kent County evaluate the strengths and weaknesses of their case, organize their evidence, and prepare their arguments for the hearing in local district courts like the 61st District Court. If your dispute exceeds the $7,000 limit, we can represent you in a formal civil lawsuit to ensure you can recover the full amount you are owed.

A Motion for Summary Disposition is a powerful procedural tool in Michigan civil litigation that allows a party to ask the court to decide a case, or specific issues within a case, in their favor without a full trial. It is governed by Michigan Court Rule (MCR) 2.116 and is typically filed when one party believes that the facts or the law are so clearly in their favor that a trial is unnecessary. A Grand Rapids civil litigation attorney can determine if this motion is appropriate for your case.

There are several grounds for summary disposition, but the two most frequently used are:

• MCR 2.116(C)(8) - Failure to State a Claim: This motion argues that, even if every factual allegation in the opponent's complaint is accepted as true, they have failed to state a claim that the law recognizes. This is a purely legal challenge that looks only at the "pleadings" (the complaint and answer) and does not consider any outside evidence. It essentially argues, "So what? Your story, even if true, doesn't entitle you to a legal remedy."
  

• MCR 2.116(C)(10) - No Genuine Issue of Material Fact: This is the most common type of summary disposition motion and functions as a "trial on paper." It is filed after the parties have had an opportunity to conduct discovery (gather evidence). The moving party argues that, based on the accumulated evidence (such as depositions, affidavits, and documents), there are no important factual disputes that require a jury to resolve. If there are no genuine factual disagreements, the judge can apply the law to the undisputed facts and grant judgment as a "matter of law". The court must view the evidence in the light most favorable to the non-moving party when deciding this motion.

A Motion for Summary Disposition can be a case-winning tool, and the Grand Rapids civil litigation attorneys at the Law Offices of Mitchell S. Bisson are highly skilled in drafting and arguing these critical motions. Whether we are filing a motion to have a lawsuit against you dismissed or defending against a motion filed by your opponent in the Kent County Circuit Court, our firm provides robust and persuasive legal arguments. We meticulously analyze the facts and law to position our clients for the best possible outcome, often saving them the time and expense of a full trial.

Obtaining a court judgment is a major victory, but it is only the first half of the process. The court does not act as a collection agency; the responsibility to enforce the judgment and collect the money falls entirely on the winning party, known as the judgment creditor. This is a proactive process that often requires the creditor to act as an investigator to locate the debtor's assets.

In Michigan, after a judgment is entered, there is a 21-day waiting period before most collection actions can begin. After this period, the creditor can use several powerful legal tools:

• Writ of Garnishment (Periodic): This is used to seize a portion of the debtor's ongoing income, most commonly their wages. The creditor serves the writ on the debtor's employer, who is then legally required to withhold a percentage of the debtor's pay and send it to the creditor. Certain types of income, like Social Security or unemployment benefits, are exempt from garnishment.
  

• Writ of Garnishment (Non-Periodic): This is a one-time seizure of funds held by a third party, such as a bank or credit union. If the creditor knows where the debtor has a bank account, they can serve the writ on the bank, which must then freeze and turn over the funds in the account up to the judgment amount.
  

• Writ of Execution (Order to Seize Property): This court order allows a sheriff or court officer to seize the debtor's non-exempt personal property (like vehicles, equipment, or valuables). The officer can then sell the property at a public auction and apply the proceeds to the judgment debt.
  

• Discovery Subpoena: If the creditor does not know where the debtor works, banks, or what assets they own, they can file for a discovery subpoena. This compels the debtor to appear in court and answer questions under oath about their finances and assets, providing the information needed to use the other collection tools.

Winning a lawsuit is only half the battle; collecting the judgment is the other half. Our Grand Rapids litigation firm assists businesses and individuals across Kent County with post-judgment collection efforts. The Law Offices of Mitchell S. Bisson is skilled in using all available legal tools, including garnishments, property seizures, and discovery subpoenas, to locate assets and enforce your court-ordered judgment. If you have a judgment that you have been unable to collect, our attorneys can take the aggressive, strategic steps needed to turn that paper victory into actual money.

Ignoring a lawsuit filed against you in Michigan is the legal equivalent of forfeiting the case. The court system requires participation, and a defendant's failure to respond has severe and immediate consequences, leading to an automatic loss.

When a plaintiff files a lawsuit, they serve a copy of the Summons and Complaint on the defendant. Under Michigan court rules, the defendant then has a strict deadline to file a written response, called an "Answer," with the court. This deadline is 21 days if the papers were served in person, or 28 days if they were served by mail.

If this deadline passes and the defendant has not filed an Answer, the plaintiff can file a "Request for Default" with the court clerk. The entry of a default effectively cuts off the defendant's right to participate in the case or raise any defenses. Once the default is entered, the plaintiff can then ask the judge to enter a "Default Judgment." This is a final, legally binding, and enforceable judgment against the defendant for the amount of money or other relief requested in the complaint. The court decides the case based solely on the plaintiff's side of the story, as the defendant's silence is treated as an admission of the claims. A default judgment is just as powerful as a judgment won after a full trial and allows the plaintiff to immediately begin collection actions like wage garnishment or seizing assets.

If you have been served with a lawsuit in Grand Rapids, the worst thing you can do is nothing. The deadlines are strict, and failing to respond will result in an automatic loss. Contact our civil litigation attorneys immediately. The Law Offices of Mitchell S. Bisson will file a timely Answer on your behalf in the Kent County Circuit Court or other local courts, preserving all your defenses and protecting you from a default judgment. We will then build a strong defense strategy to fight the claims against you.

Interrogatories, requests for production, and depositions are the three primary tools used during the "discovery" phase of a Michigan civil lawsuit. Discovery is the formal process where parties exchange information and gather evidence to prepare for trial. Each tool serves a distinct strategic purpose in a structured investigation designed to uncover facts and assess the strengths and weaknesses of the case. Understanding how civil discovery works in Michigan is key to any litigation strategy.

1. Interrogatories: These are written questions that one party sends to the opposing party. The receiving party must provide written answers to these questions under oath within a specific timeframe. Interrogatories are typically used to gather basic factual information, identify potential witnesses, and understand the opponent's legal theories.
   

2. Requests for Production of Documents: These are formal written requests for an opposing party to produce documents, electronic data (like emails), or other tangible things for inspection and copying. This is the tool used to obtain the documentary proof that supports or refutes claims in the lawsuit, such as contracts, medical records, financial statements, or internal company memos.
   

3. Depositions: This is an out-of-court proceeding where attorneys for all parties question a witness (who can be a party to the lawsuit or a third party) under oath. The testimony is recorded word-for-word by a court reporter, creating a written transcript. Depositions are a critical tool used to lock in a witness's testimony, explore the details of their knowledge, assess their credibility, and preserve their testimony for potential use at trial.

The discovery process is the foundation of a successful civil case. The Grand Rapids litigation attorneys at the Law Offices of Mitchell S. Bisson are masters of using these tools (interrogatories, document requests, and depositions) to build a powerful case for our clients in West Michigan. We strategically deploy discovery to uncover critical facts, expose weaknesses in the opposition's case, and gather the evidence necessary to either force a favorable settlement or win at trial in the Kent County courts.

Case evaluation is a form of alternative dispute resolution (ADR) that is mandatory in many Michigan circuit court civil cases involving money damages. It is governed by Michigan Court Rule 2.403 and is intended to encourage settlement by providing the parties with a neutral assessment of their case's value.

The process involves a panel of three experienced, neutral attorneys who act as case evaluators. Before the hearing, each party submits a written summary of their case, outlining their factual and legal arguments. At the hearing, the attorneys for each side present a brief oral argument to the panel. The panel then deliberates and issues a non-binding monetary "award," which is their collective opinion of the case's settlement value.

The primary power of case evaluation comes not from the award itself, but from the potential for sanctions. After the award is issued, each party has 28 days to either accept or reject it. If all parties accept the award, the case is settled for that amount.

If one or more parties reject the award, the case proceeds toward trial. However, a rejecting party faces a significant financial risk. If a party rejects the award and then fails to obtain a "more favorable" verdict at trial (defined as a verdict that is more than 10% better than the case evaluation award), they must pay the opposing party's actual costs, including reasonable attorney fees, incurred after the date of the case evaluation. This sanction rule forces litigants to realistically assess their chances at trial against the potential financial penalty of being wrong, often prompting more serious settlement negotiations after the evaluation is complete.

Case evaluation is a critical strategic milestone in any lawsuit filed in the Kent County Circuit Court. Our Grand Rapids civil litigation lawyers at the Law Offices of Mitchell S. Bisson have extensive experience preparing persuasive case evaluation summaries and arguing effectively before the evaluation panel. We leverage this process to gain a tactical advantage, push for favorable settlements, and provide our clients with a clear, realistic assessment of their case to help them decide whether to accept an award or proceed to trial.

A subpoena is a formal court order that compels an individual or entity to provide evidence in a civil lawsuit. It is a powerful tool that extends the court's authority beyond the parties directly involved in the litigation, allowing litigants to obtain crucial information from non-parties under penalty of law.

There are two main types of subpoenas in Michigan:

1. Subpoena ad testificandum: This orders a person to appear at a specific time and place to give testimony, such as at a deposition or trial.
   

2. Subpoena duces tecum: This orders a person or entity to produce specific documents, records, or other tangible items.
   

To be valid, a subpoena must be properly "served" on the person or entity being commanded to appear or produce documents. In Michigan, service can be performed by a sheriff's deputy, a professional process server, or any legally competent adult who is not a party to the lawsuit or an attorney for one of the parties.

A critical requirement for serving a subpoena that commands attendance (for a deposition or trial) is the payment of witness fees. The person serving the subpoena must tender to the witness one day's statutory witness fee plus mileage for travel to and from the location of the proceeding. Failure to pay these fees at the time of service can render the subpoena invalid. Once served, a subpoena is a binding court order, and failure to comply can result in the court holding the person in contempt, which may lead to fines or even jail time.

Properly issuing and serving subpoenas is a fundamental part of building a strong civil case. The Grand Rapids branch of the Law Offices of Mitchell S. Bisson handles all aspects of this process for our clients in Kent County, ensuring that we effectively compel testimony from key witnesses and obtain critical documents from third parties. We manage the technical requirements of service and witness fee payment, allowing us to gather the evidence needed to win your case, whether it's for a deposition, a hearing, or trial.

Wage garnishment is a legal process used by a creditor to collect on a court judgment. It is a court order directed to a debtor's employer, compelling the employer to withhold a portion of the debtor's earnings and pay that money directly to the creditor to satisfy the debt. This process effectively deputizes the employer, making them a collection agent for the creditor under a legal obligation to comply.

After a creditor obtains a judgment, they must wait 21 days before they can begin garnishment proceedings. The creditor then files a "Request and Writ for Garnishment" with the court, which is served on the employer (the "garnishee"). The employer is legally required to respond and begin withholding funds from the employee's paycheck for the first full pay period after receiving the notice.

Michigan law, in line with federal regulations, places strict limits on the amount of wages that can be garnished. A creditor can garnish the lesser of two amounts:

• 25% of the debtor's "disposable earnings" for the week; or
  

• The amount by which the debtor's disposable earnings for the week exceed 30 times the federal minimum wage (currently $217.50 per week).
  

"Disposable earnings" are the wages remaining after legally required deductions like federal and state taxes and Social Security have been taken out. It is illegal in Michigan for an employer to fire or otherwise retaliate against an employee because their wages are being garnished for a single debt.

If you are a creditor with a judgment in hand, our Grand Rapids attorneys can help you use wage garnishment to collect the money you are owed. The Law Offices of Mitchell S. Bisson handle the entire process, from preparing and filing the writ with the Kent County courts to ensuring it is properly served on the debtor's employer. Conversely, if your wages are being improperly garnished, we can defend your rights and challenge the garnishment. Our firm provides effective legal solutions for all garnishment-related issues in West Michigan.

In Michigan, a creditor's right to sue for an unpaid debt is limited by a law known as the statute of limitations. This law sets a firm deadline for filing a lawsuit. For most common types of consumer and business debt, such as those arising from written contracts, credit card agreements, or personal loans, the statute of limitations is six years.

The six-year clock does not start from the date the debt was incurred, but rather from the date of the last activity on the account. This "last activity" is typically the date of the last payment made by the debtor or another action that acknowledges the debt. Once six years have passed with no such activity, the debt is considered "time-barred."

However, the statute of limitations is not an automatic shield. It is an "affirmative defense," which means if a creditor sues over a time-barred debt, the debtor must actively raise the statute of limitations defense in their formal "Answer" to the lawsuit. If the debtor ignores the lawsuit and fails to respond, the creditor can obtain a default judgment, which makes the debt legally enforceable again, regardless of how old it is. Furthermore, once a creditor successfully sues and obtains a judgment within the six-year period, the statute of limitations on the original debt no longer matters. The judgment itself is valid for 10 years and can be renewed, allowing the creditor to pursue collection efforts for a much longer period.

If a creditor is threatening to sue you for an old debt, it is crucial to understand your rights under Michigan's statute of limitations. Our Grand Rapids debt defense attorneys can determine if the debt is "time-barred" and protect you from unlawful collection lawsuits. If you are sued in a Kent County court, the Law Offices of Mitchell S. Bisson will assert the statute of limitations as a powerful affirmative defense to have the case dismissed. Don't let a creditor get a default judgment on an expired debt; let us defend you.

After obtaining a money judgment in a Michigan court, a creditor can place a "judgment lien" on the debtor's real property (i.e., real estate). This is a passive but powerful collection tool that encumbers the property's title, making it difficult for the debtor to sell or refinance without first paying the debt.

The process is straightforward and does not require the immediate and costly involvement of court officers to seize property. The steps are as follows:

1. Wait for the Judgment to Become Final: A creditor must typically wait 21 days after the judgment is entered before they can create a lien.
   

2. Obtain a Certified Copy of the Judgment: The creditor must get a certified copy of the final judgment from the court that issued it.
   

3. Record the Lien: The creditor takes the certified copy of the judgment and records it with the Register of Deeds office in the county where the debtor's real property is located. A specific form, the "Notice of Judgment Lien" (SCAO Form MC 94), can be used for this purpose.
   

Once recorded, the lien attaches to any real property the debtor currently owns in that county, as well as any property they may acquire in the future. A judgment lien in Michigan is valid for five years and can be renewed until the underlying judgment expires (typically after 10 years). The lien does not force an immediate sale of the property. Instead, it acts as a cloud on the title, ensuring that if the property is sold or refinanced, the judgment creditor's lien must be paid from the proceeds before the debtor can receive their equity, after any mortgages or property taxes are paid.

Securing your judgment with a real estate lien is a smart and effective collection strategy. Our Grand Rapids collections attorneys can handle this entire process for you. After securing a judgment in a West Michigan court, the Law Offices of Mitchell S. Bisson will obtain the necessary certified court records and file the Notice of Judgment Lien with the Kent County Register of Deeds or other appropriate county offices. This ensures that your financial interests are protected and greatly increases the likelihood of a future recovery on your judgment.