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Not a Viable Small Claims Case

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As I have mentioned before, I am helping some of my friends give their favorite CA's their long deserved enimas. well, one of them is suing ARROW Financial and the court told her she could not sue in small claims court- because small claims is for suing for actual physical damages-like a broken fence or a dead cat.

Has anyone else run into this? she sited "mcl 600.8424" as the relevent law. God- I'm starting to hate michigan.

the law says you can't sue for fraud and Liable and stuff like that.

any opinions?

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This is the information I found on Michigans Legislature website conserning the MCL they may be right...Since I'm not a lawyer I'd call a free lawyer from the yellow pages and ask first!

REVISED JUDICATURE ACT OF 1961 (EXCERPT)

Act 236 of 1961

600.8424 Actions for fraud, libel, slander, assault, battery, or other intentional torts; governmental agency as party.

Sec. 8424.

(1) Actions of fraud and actions of libel, slander, assault, battery, or other intentional torts shall not be instituted in the small claims division. This subsection does not apply to either of the following:

(a) An action for fraud under section 2952 or under the Michigan consumer protection act, 1976 PA 331, MCL 445.901 to 445.922.

(B) An action under section 73109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.73109.

(2) Except as provided in subsection (3), the state, a political subdivision of the state, or any other governmental agency shall not be a party to an action in the small claims division.

(3) A county, city, village, township, or local or intermediate school district may file an action in the small claims division. An action may be filed in the small claims division against a county, city, village, township, or local or intermediate school district, but a party may not assert a claim with respect to which the county, city, village, township, or local or intermediate school district has immunity.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;--Am. 1978, Act 496, Eff. Jan. 1, 1979 ;--Am. 1984, Act 272, Imd. Eff. Dec. 19, 1984 ;--Am. 1984, Act 278, Eff. Jan. 1, 1985 ;--Am. 1991, Act 192, Eff. July 1, 1992 ;--Am. 1998, Act 547, Eff. Mar. 23, 1999

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If that is the code your friend cited for her suit, then she used the wrong statute. Small claims is almost always for money matters under a certain amount, but it does vary by state laws. She may have to file her suit in a higher court or, at the very least, file using the proper statutes as the basis for her case.

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Looks like they took the wrong fork in the road. Assault, Battery, Libel, Slander have criminal liabilities associated with them and cannot be heard in any Small Claims court for ruling. Furthermore, any truth to any published statement would create a valid defense to any action for libel. Sounds like the complaint was drafted in error.

Michigan has no credit reporting / debt collection laws? Mmmmm. That only means you would probably only be able to seek Federal relief.

Lady's right, this has to go to Superior Court.....maybe even to Federal. Either way, the merits of the case will have to be reconsidered for future success.

Cheers!

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Check to make sure Michigan law doesnt say

"Michigan adopts the FCRA"

Basically what that means is that the FCRA as it is written is ALSO STATE LAW AS WELL>.. Indiana is written that way and it gives you the power to use the FCRA as state laws and sue that way.. just check and make sure.

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