Michigan Small Claims Court: do both tenants need to be plantiffs?

[Michigan]
First of all, thanks for taking the time to read/respond. I really do appreciate it.

Short version of question:
My former landlord owes me ~$400 and my roommate and I have decided to take him to small claims court. In general, can one of us serve as the plantiff, or do we need to both be listed as the plantiff and go to court? We live in Michigan if it makes a difference.

Brief Background:
The landlord (a corporation) withheld ~$200 of our deposit, we sent a letter disagreeing with the charges, the landlord failed to respond or file suit with district court within 45 days of when we vacated the property. By Michigan law, they no longer can claim any part of the deposit and we are entitled to twice the amount withheld, but we need to take them to small claims or district court first. My roommate just started a new job ~150 miles away & would really rather not take a day off to go to court. I would like to handle the whole matter myself.What is the name of your state?

Hi Brian,

I do not see a problem with you being the sole plaintiff. When you start filling out the paperwork you will see that you can be a "partner" or ""representative."

If I am wrong, trust me I will be told.

http://www.legislature.mi.gov/(yqfvlxn1grlrwi55tnhgjk45)/mileg.aspx?page=GetMCLDocument&objectname=mcl-600-8408

So I'm the plantiff & he's the partner, or we're both partners

Thanks Enasni.
I suspected they wouldn't make both of us show up to court. The directions provided with the small claims affidavit form state:


I suppose my roommate and I are actually "business partners" in the sense that we entered a legal contract together (the lease). Even though I consider myself the plaintiff, the BEST box to check is partner. It also looks like my roommate doesn't even need to submit his own paperwork since I'm the partner suing on his behalf.

Fantastic!

Brian in Lansin said:

Thanks Enasni.
I suspected they wouldn't make both of us show up to court. The directions provided with the small claims affidavit form state:

​

I suppose my roommate and I are actually "business partners" in the sense that we entered a legal contract together (the lease). Even though I consider myself the plaintiff, the BEST box to check is partner. It also looks like my roommate doesn't even need to submit his own paperwork since I'm the partner suing on his behalf.

Fantastic!

Click to expand...

When you fill out the paperwork, doublecheck with the clerk. They cannot give out law advice but they surenuff know about all the redtape. (well most of them, don't get the one with the pimples. )

You don't say if you or your roommate or both of you were on the lease.

Ideally, it would just be you, but it's not an ideal world.

If you want to be ultra-conservative (and I guess you're here to avoid taking chances), get a formal letter of representation from your roommate and have it notarized. "I [Joe/Jane] hereby appoint and authorize Brian to serve as my personal repersentative for all purposes in the hearing in Case No. 12345. I declare under penalty of perjury that Brian was roommate at all times during the tenancy which is the subject of the action and has direct personal knowledge of the matters at issue."

Truthfully, largely nonsense and unlikely to be needed. I suspect that you'll simply be asked if you're appearing on behalf of your roommate and are authorized to do so. That's normally what would happen if it were husband and wife and just one showed up. As a practical matter, only one of you is going to testify anyway. But Courts often have Sally Secretary sign a Declaration that she is authorizd to appear on behalf of her employer, Alfred Accountant, and this should have the same effect. Skip it if you want. As I say, ultra-conservative. It's not as if you're giving hearsay testimony about something that happened exclusively to your roommate.

I think I'm all set

The lease has both of our names on it. It's really no big deal to get my roommate to send a notarized letter to me before the court date. The language you used sounds good to me. I'm just happy that I can submit the paperwork now w/o further delay.

I'll let you know how the case comes out.

Brian in Lansin said:

The lease has both of our names on it. It's really no big deal to get my roommate to send a notarized letter to me before the court date. The language you used sounds good to me. I'm just happy that I can submit the paperwork now w/o further delay.

I'll let you know how the case comes out.

Click to expand...

Cool beans, you do that Brian. Don't leave us hanging.

Props to ENASNI & DCATZ, we won!

Props all around to a great site & bulletin board. It is an exhilarating feeling to be the little guy and beat a corporation.

I filed suit in small claims court against my former land lord and about 1 month later a representative from their national office called me to rattle my cage. That plan didn't work and they called back yesterday asking to settle out of court for the full amount we are suing for. $400


But I still have one question. Is it appropriate to ask for an out-of-court settlement that includes incidental expenses such as court fees, postage, or my time? I'm thinking $50 should cover my expenses in this regard.

Brian

Actually, I'll post that question in a new thread

Since my new question has nothing to do w/ the orignial question, I'll post it in a new thread titled, "Landlord wants to settle out of court... How much can I ask for?"