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Affidavit and Claim Small Claims

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How to Get a Money Judgment in Small Claims Court

Form DC 84 — Affidavit and Claim, Small Claims. Use this form if you want to bring a lawsuit against someone who owes you money or who has caused damage to your property or possessions and you cannot resolve the dispute through mediation or other means.

You cannot use the small claims division of the district court if your case is against the State of Michigan or a state agency, against a local governmental unit involving governmental immunity, if you are an assignee or third-party beneficiary of the obligation, or if you have filed more than five small claims cases in the same week.

The maximum you can collect through a judgment in the small claims division of the district court is $6,000. If your claim is for more than $6,000, you may still use the small claims division, but your judgment award cannot exceed $6,000 and you permanently waive the right to collect the rest of your claim.

Claim Checklist

Use the following checklist to make sure you have done all the steps that are needed.

Fill out all requested information on the form?

Make all necessary copies of the form?

File the form and filing fee with the clerk of the court?

Have the form served on the defendant?

Keep one copy of the form for yourself?

Instructions for Filing and Serving a Claim

An affidavit and claim can be signed and filed by someone other than the plaintiff only if that person qualifies under the rules for individuals, sole proprietors, partnerships, corporations, or local governmental units.

If you decide to file a claim in the small claims division of the district court, an attorney cannot represent you. Filing fees vary depending on the amount claimed.

The affidavit and claim form must be signed under oath in front of a notary public or the clerk of the court. Bring photo identification.

After filing, the clerk will assign a case number, complete the notice of hearing, and arrange service on each defendant by personal delivery or certified mail.

Prepare for trial by gathering evidence and witnesses. Bring your copy of the affidavit and claim, evidence, and any written answer or counterclaim from the defendant.

Affidavit and Claim, Small Claims

3. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in this complaint has been previously filed:

4. I have knowledge or belief about all the facts stated in this affidavit and I am:

5. The plaintiff is:

6. The defendant is:

10. The plaintiff understands and accepts that the claim is limited to $6,000 by law and that the plaintiff gives up the rights to recover more than this limit, an attorney, a jury trial, and appeal the judge’s decision.

11. I believe the defendant is:

12. Military service status:

Notice of Hearing

Proof of Service

To process server: You are to serve this affidavit and claim no later than 7 days before the hearing date. You must make and file your return with the court clerk.

Additional Notice and Instructions

You must bring to the hearing all witnesses, books, papers, and other physical evidence needed to prove or disprove this claim.

Before the trial starts, you have the right to remove the case to the general civil division of the district court or have the case heard by a district court judge if scheduled before an attorney magistrate.

If the case is tried in the small claims division, you give up the right to an attorney, to a jury trial, and to appeal the judge's decision.

If you require special accommodations because of a disability or a foreign language interpreter, contact the court immediately.

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What the Affidavit and Claim Small Claims Is

An Affidavit and Claim Small Claims is a sworn written statement used to initiate or support a small claims action in a state or local court. It combines a concise factual affidavit — the claimant's sworn recitation of events and damages — with the claim information the court needs to open a case, such as parties, claim amount, and relief sought. Courts generally require the affidavit to be signed under penalty of perjury; supporting attachments such as invoices, photos, and contracts are commonly included. Electronic signatures and e-submissions are permitted in many jurisdictions under ESIGN (15 U.S.C. §7001) and UETA, subject to local court rules.

Why a Clear Affidavit and Claim Matters

A well-prepared affidavit and claim focuses the court on key facts, speeds case intake, and preserves evidence. It reduces procedural failures and supports enforcement of judgments while complying with electronic signature laws such as ESIGN and UETA where courts allow e-filing.

Why a Clear Affidavit and Claim Matters

Who Typically Prepares or Signs This Document

The Affidavit and Claim Small Claims is completed by people and organizations who need a formal, sworn claim filed in small claims court.

  • Individual claimants seeking monetary recovery for consumer or contract disputes; often self-represented litigants with limited legal counsel.
  • Small business owners or managers asserting unpaid invoices, property damage, or breach of contract claims in a cost-effective forum.
  • Legal assistants or paralegals preparing forms for attorneys who manage multiple small claims across jurisdictions.

Parties should confirm signer authority, the required elements for the local court, and whether electronic signing or notarization is required before submission.

Core Components of a Professional Affidavit and Claim

Include clear, labeled sections so the court and opposing party can quickly identify facts, damages, and relief requested.

Caption

Court name, case number (if known), party names, and claimant contact details placed at the top of the form for correct routing and case assignment.

Statement of Facts

A concise, chronological narrative of events with dates, locations, and actions — avoid argument and focus on verifiable facts the court can rely on.

Claim Details

Itemize monetary damages or specific relief sought with supporting calculations and identify any invoices, contracts, or receipts relied upon.

Supporting Evidence

List and attach exhibits (photos, receipts, contracts) and label each exhibit; reference exhibits in the body of the affidavit for clarity.

Oath Language

A sworn statement or affirmation under penalty of perjury with the signature block and date; include notary or other attestation if required by local rules.

Service Information

How the defendant was or will be served, including address and method, to demonstrate proper notice under court procedures.

Security and Compliance Essentials

Encryption: TLS 1.2/1.3 in transit
At-Rest Protection: AES-256 encryption at rest
Audit Trail: Timestamped signing records
HIPAA Support: BAA available when required
Standards: SOC 2 Type II, ISO 27001
Accessibility: WCAG 2.0 Level AA

Step-by-Step: Preparing and Submitting Your Claim

Follow these four high-level steps to assemble and submit an Affidavit and Claim Small Claims accurately and efficiently.

  • 01
    Gather Evidence: Collect invoices, photos, contracts, and witness contact information.
  • 02
    Complete Form: Enter fields per instructions and check for consistency.
  • 03
    Sign and Attest: Sign under oath; obtain notarization if required by local rules.
  • 04
    File and Serve: Submit to the court and effect service on the defendant per court rules.

Configuring an Electronic Workflow for This Form

Set up an eSignature workflow that enforces required fields, signer order, and optional notarization to match court expectations.

Field Configuration
Signer Order Claimant signs first, then notary or court officer if required
Authentication Email + optional SMS code for identity confirmation
Attachments Require PDF exhibits marked and attached before signature
Retention Save completed PDF/A and audit trail automatically

Typical Electronic Filing and Serving Flow

An e-enabled process reduces manual steps while preserving the legal audit trail courts expect for sworn documents.

  • Prepare Document: Populate affidavit and attach exhibits as PDFs.
  • Place Signature Fields: Add signature, date, and initial fields where required.
  • Authenticate Signer: Send secure link with email or SMS verification.
  • Issue Copies: Distribute completed PDF and certificate of completion.

Technical Considerations for eSubmission and Signing

Confirm platform capabilities and court acceptance before relying on electronic submission or remote notarization.

  • File Formats: PDF and PDF/A preferred for court records
  • Integrations: Supports Salesforce, Microsoft 365, NetSuite, Google Workspace
  • Authentication: Email, SMS, or advanced signer verification

Ensure the chosen platform retains an audit trail and supports export of tamper-evident signed PDFs for court filing and recordkeeping.

Timing and Deadlines to Watch For

Small claims procedures vary by state; confirm local filing and service deadlines before filing to avoid dismissal or delay.

Statute of Limitations:

File within the applicable state limitation period for your claim type; consult state statutes.

Service Deadlines:

Complete service on the defendant according to the court's required method and timeline.

Hearing Notice:

Courts will set a hearing date; note deadlines to submit additional evidence.

Payment and Fees:

Pay filing fees at submission; fee waiver rules vary by jurisdiction.

Appeal Periods:

If judgment is entered, timelines for appeals or motions for new trial are jurisdiction-specific.

Key Milestones from Filing to Resolution

A typical small claims matter follows predictable milestones; track these to ensure compliance and timely action.

01

Prepare Claim

Assemble affidavit, exhibits, and identify defendant for service.

02

File with Court

Submit claim and pay filing fee according to local rules.

03

Serve Defendant

Provide required notice using an approved service method.

04

Hearing and Judgment

Attend hearing; present evidence; obtain judgment or settlement.

Consequences of Incorrect or Incomplete Affidavits

Perjury Risk: False statements may trigger perjury charges
Dismissal: Procedural defects can lead to case dismissal
Default Judgment: Failure to serve properly may result in default
Fee Loss: Noncompliance can void fee waivers or refunds
Evidence Excluded: Unlabeled or unauthenticated exhibits may be excluded
Collection Delays: Errors prolong enforcement and collections

Common Mistakes to Avoid

  • Listing the wrong defendant or an incorrect address — service attempts can fail and result in dismissal.
  • Submitting unsigned or improperly attested affidavits — missing oath or notarization often causes rejection.
  • Attaching unclear or unnumbered exhibits — the court and opposing party must be able to match evidence to claims.
  • Using vague damage calculations without supporting invoices or receipts — courts expect precise, documented amounts.

eSignature Pricing and Feature Snapshot for This Document

Compare basic pricing and common features relevant to preparing and signing an Affidavit and Claim Small Claims. signNow is listed first per platform comparison convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Yes, limited Yes, limited Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Use

Representative scenarios illustrate how an Affidavit and Claim Small Claims is used across organizations.

Small Business Collection

A contractor documents unpaid invoices with a sworn affidavit and photo exhibits of work performed.

  • Exhibits show dates and amounts.
  • The clear record enabled a judge to enter judgment quickly and provided the business with an enforceable order for collections.

Consumer Damage Claim

A consumer files for property damage using dated receipts and repair estimates attached to the affidavit.

  • The affidavit cites specific dates and vendor invoices.
  • Having a sworn statement and labeled exhibits reduced plaintiff testimony time at the hearing and clarified the damage calculation for the court.

Practical Tips for Accurate and Efficient Completion

Adopt consistent document practices to minimize disputes and procedural delays when filing small claims affidavits.

Be Concise and Chronological
Present facts in date order and keep the narrative focused on observable events and dates to aid judge comprehension.
Number Exhibits
Label each attachment (Exhibit A, B, etc.) and reference those labels in the affidavit text for a clear evidence trail.
Verify Signatures
Confirm who must sign and whether notarization or witness attestations are required by the local court.
Keep Originals
Retain original receipts, contracts, and proof of service in case the court or enforcement agency requests verification.

Frequently Asked Questions and Troubleshooting

Answers to common questions about preparing, signing, and filing an Affidavit and Claim Small Claims to avoid procedural setbacks.


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