Small claims in Michigan

Small claims in Michigan

Utica, MI · Member since 2017 · 4 posts · 1 vote

Ok. So we evicted a tenant and filed for a judgement against the tenant.

1. Tenant didn't show, default judgment, on both eviction and small claims.

2. Tenant filed for an appeal to dismiss the default, 49 days after the small claims judgment.

3. The tenant was 40 minutes late to her own appeal

4. We were opening the court doors to leave after the judge said the default stands when she walked in, judge still heard her reasons, "car trouble".

5. Now we have to go back to court to redo the whole small claims trial.

Has anyone experienced this sort of bias? It seems as if her appeal time expired, tardy, weak excuses, judging on the matrer and minutes later she reversed her decision. The judge said we didn't attach copies of everything, despite the clerk saying it wasn't needed since it's a default, it seemed like the judge is giving the former tenant every single opportunity and none to us.

What say you, similar experiences with an uphill battle? Tips, suggestions for upcoming trial, anything I should bring that is above and beyond what I'm already bringing?

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  • Investor · brentwood, CA · Member since 2016 · 1k+ posts · 730 votes
    6y

    I've only had two non-payments of an amount due in 20 years (both ultimately left without the need for an eviction). My two seasoned property managers (1 in each case) told me not to waste my time because it is very rarely ever worth it. Unfortunately its just a cost of doing business when you have less than perfect tenants. 

    My best advice is make sure you (or your manager) are screening tenants very carefully on the front end, as they say an ounce of prevention is worth a pound of cure.

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