SB 352

Under current law, a person may bring a small claims action in the circuit court

for a money judgment, attachment, garnishment, or to enforce a lien, only if the

amount claimed is not more than $5,000. Under this bill, if the person bringing the

action has commenced 20 or fewer actions in small claims for a money judgment,

attachment, garnishment, or to enforced a lien, within the previous 365 days, the

amount claimed may not exceed $10,000. If the person bringing the action has

commenced more than 20 such actions in small claims within the previous 365 days,

the bill limits the amount claimed to not more than $5,000.

Currently, the fee for filing a small claims action in the circuit court is $22, with

some exceptions, including for garnishment actions, if a counterclaim or cross

complaint is filed, or if a demand for a trial is made. Under this bill, if the person

bringing the action has commenced 20 or fewer actions in small claims for a money

judgment, attachment, or to enforce a lien, within the previous 365 days, the person

must pay a filing fee equal to 150 percent of the regular fee; $33. If the person

bringing the action has commenced 21 or more actions in small claims for a money

judgment, attachment, or to enforce a lien, within the previous 365 days, the person

must pay a filing fee equal to 200 percent of the regular fee; $44.

Under the bill, if a party proves that a person commencing a small claims action

in the circuit court for a money judgment, attachment, garnishment, or to enforce a

lien misrepresented the number of such actions the person commenced, the court is

required to award the party damages of $250 and reasonable attorney fees.