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screwdinmich

Junior Member
What is the name of your state?michigan. my son received a claim against him in small claims court in michigan. he is a minor (17). right on the form it says the claimant believes the person they are filing the claim against (my son) is 18 years old which he obviously isnt (will be 18 in approx a month). it is a claim for damages on her car that he apparently backed into. neither had full coverage insurance so no police report was made and they agreed to pay half because each thought they were partially at fault. but the estimate went from the original one of $200 to $900 and the other party has reneged on her first positions which was to split the repair costs in half.

questions:

1. if he goes to court and is a minor, and says so in court, what will likely happen?
2. we want to call the claimant and offer to split the reasonable costs, should we tell her that he is a minor and can't be sued in small claims?
3. if i attend court with him and he lets the court know he is a minor, could the judge then hold me responsbile for what he determines are the damages, even if i was not named in the small claim?
4. isn't it true with no fault in mich, that the max they can claim against another person is $500 if neither one has full coverage insurance
 
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Happy Trails

Senior Member
screwdinmich said:
What is the name of your state?michigan. my son received a claim against him in small claims court in michigan. he is a minor (17). right on the form it says the claimant believes the person they are filing the claim against (my son) is 18 years old which he obviously isnt (will be 18 in approx a month). it is a claim for damages on her car that he apparently backed into. neither had full coverage insurance so no police report was made and they agreed to pay half because each thought they were partially at fault. but the estimate went from the original one of $200 to $900 and the other party has reneged on her first positions which was to split the repair costs in half.

questions:

1. if he goes to court and is a minor, and says so in court, what will likely happen? ***The court will know he is a minor and start with the case.
2. we want to call the claimant and offer to split the reasonable costs, should we tell her that he is a minor and can't be sued in small claims? ***You can call them and try to settle out of court, but he CAN be sued in small claims court.
3. if i attend court with him and he lets the court know he is a minor, could the judge then hold me responsbile for what he determines are the damages, even if i was not named in the small claim? ***If they find your son liable, then the judgement would go against him.
4. isn't it true with no fault in mich, that the max they can claim against another person is $500 if neither one has full coverage insurance
500.3135
(3)(e) Damages up to $500.00 to motor vehicles, to the extent that the damages are not covered by insurance. An action for damages pursuant to this subdivision shall be conducted in compliance with subsection (4).
(4) In an action for damages pursuant to subsection (3)(e):
(a) Damages shall be assessed on the basis of comparative fault, except that damages shall not be assessed in favor of a party who is more than 50% at fault.
(b) Liability shall not be a component of residual liability, as prescribed in section 3131, for which maintenance of security is required by this act.
 
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