(Michigan) Date(s) Claim Arose - how to answer? (Affidavit and Claim, Form DC-84)

[ezbreezy123z]

Hi again,

I searched both Google and this forum for answers, but nothing came up...so I have two final questions regarding my Michigan small claims court paperwork.
On Form DC-84 (Affidavit and Claim, Small Claims), on the Addendum page, there's a section that says Date(s) Claim Arose.

Here's an example scenario similar to what's happening with me:

• ABC company agreed to pay me on 1/2/23, but payment wasn't received.
• Then they changed the date to 3/4/23, but payment still wasn't received.
• Now they changed it yet again to 5/6/23, and -- you guessed it -- payment still wasn't received.

QUESTION 1: Is it okay to write sentences (example: "On 1/2/23, payment should have been received..."), or should I ONLY list dates/numbers (NO TEXT) in the Date(s) Claim Arose section?

QUESTION 2: In the Date(s) Claim Arose section, which date(s) should I list:

1. The first date payment was agreed on (1/2/23)?
2. The last date payment was agreed on (5/6/23)?
3. All three dates listed?
4. Something else entirely? (example: maybe it's not referring to the missed payment dates, but instead they want the day I got hired by ABC and first interacted with them, which was 12/13/22).

Thanks in advance for any help you can provide!

 

[PayrollHRGuy]

If the changes in payment date were agreed upon, then you use the 5/6/23 date. The form is asking for a date(s) so the verbiage you propose really doesn't fit.

 

[LdiJ]

Hi again,

I searched both Google and this forum for answers, but nothing came up...so I have two final questions regarding my Michigan small claims court paperwork.
On Form DC-84 (Affidavit and Claim, Small Claims), on the Addendum page, there's a section that says Date(s) Claim Arose.

Here's an example scenario similar to what's happening with me:

• ABC company agreed to pay me on 1/2/23, but payment wasn't received.
• Then they changed the date to 3/4/23, but payment still wasn't received.
• Now they changed it yet again to 5/6/23, and -- you guessed it -- payment still wasn't received.

QUESTION 1: Is it okay to write sentences (example: "On 1/2/23, payment should have been received..."), or should I ONLY list dates/numbers (NO TEXT) in the Date(s) Claim Arose section?

QUESTION 2: In the Date(s) Claim Arose section, which date(s) should I list:

1. The first date payment was agreed on (1/2/23)?
2. The last date payment was agreed on (5/6/23)?
3. All three dates listed?
4. Something else entirely? (example: maybe it's not referring to the missed payment dates, but instead they want the day I got hired by ABC and first interacted with them, which was 12/13/22).

Thanks in advance for any help you can provide!

If it were me, I would write it just the way that you wrote it in your example scenario with the exception of the third bullet point. That one I would leave out the "yet again" and the "you guessed it".

 

[adjusterjack]

I would put the last date in Item 7 and a brief history in Item 9.

DC 84, Affidavit and Claim, Small Claims (michigan.gov)

Then explain in depth, with your documentation, when you get to court.

 

[Taxing Matters]

QUESTION 1: Is it okay to write sentences (example: "On 1/2/23, payment should have been received..."), or should I ONLY list dates/numbers (NO TEXT) in the Date(s) Claim Arose section?

Ordinarily when a court form asks that question the court is looking just a date, not any explanation. The explanation is done somewhere else. That seems to be the case here, too. The purpose is to determine when the cause of action arose, i.e. the date that the client failed to make a payment on time without you granting an extension for a later payment. That's significant for statute of limitations purposes. So I suggest you pick a single date that the client failed to make a required payment and that you did not agree to extend it further.

Item 9 is the place that you can explain what happened that the defendant is liable for. In general, it is best to put in only the essential facts — leave opinions and extraneous detail out. Short and to the point makes a stronger statement than some lengthy meandering piece that puts in every little detail of the course of dealing between you two.

 

[ezbreezy123z]

Thank you all for the responses! Based on what I've read, I will use the last date payment was agreed on (5/6/23).

I now have a follow up question:

If I emailed ABC company with one final ultimatum (e.g., "Submit payment within 5 days or I will file a lawsuit")...then would that change the "Date(s) Claim Arose"? Meaning it would now be 5/11/23? Or would I leave it as the original 5/6/23 date?

Please note that 5/6 is the date THEY promised to pay me...but 5/11 is the date I mentioned/extended it to before threatening to take legal action.

 

[Taxing Matters]

Thank you all for the responses! Based on what I've read, I will use the last date payment was agreed on (5/6/23).

I now have a follow up question:

If I emailed ABC company with one final ultimatum (e.g., "Submit payment within 5 days or I will file a lawsuit")...then would that change the "Date(s) Claim Arose"? Meaning it would now be 5/11/23? Or would I leave it as the original 5/6/23 date?

Please note that 5/6 is the date THEY promised to pay me...but 5/11 is the date I mentioned/extended it to before threatening to take legal action.

They are in breach of the contract when payment was not made when due and there was no mutually agreed upon extension. The 5/11 date sounds like a date that you demanded payment rather than a mutually agreed upon change to the date due in the contract.

 

[Litigator22]

Hi again,

I searched both Google and this forum for answers, but nothing came up...so I have two final questions regarding my Michigan small claims court paperwork.
On Form DC-84 (Affidavit and Claim, Small Claims), on the Addendum page, there's a section that says Date(s) Claim Arose.

Here's an example scenario similar to what's happening with me:

• ABC company agreed to pay me on 1/2/23, but payment wasn't received.
• Then they changed the date to 3/4/23, but payment still wasn't received.
• Now they changed it yet again to 5/6/23, and -- you guessed it -- payment still wasn't received.

QUESTION 1: Is it okay to write sentences (example: "On 1/2/23, payment should have been received..."), or should I ONLY list dates/numbers (NO TEXT) in the Date(s) Claim Arose section?

QUESTION 2: In the Date(s) Claim Arose section, which date(s) should I list:

1. The first date payment was agreed on (1/2/23)?
2. The last date payment was agreed on (5/6/23)?
3. All three dates listed?
4. Something else entirely? (example: maybe it's not referring to the missed payment dates, but instead they want the day I got hired by ABC and first interacted with them, which was 12/13/22).

Thanks in advance for any help you can provide!

If you truly need to be told (doubtful) when your cause of action (if any) matured and if it remains viable for litigation then stop with the pretentiousness and pussy footing and simply explain the who, when, what and where of it. It ain't rocket science, pal!

 

[adjusterjack]

If you truly need to be told (doubtful) when your cause of action (if any) matured and if it remains viable for litigation then stop with the pretentiousness and pussy footing and simply explain the who, when, what and where of it. It ain't rocket science, pal!

How about you rein in the snottiness and "holier than thou" attitude that's apparent in everything your write?

 

[quincy]

How about you rein in the snottiness and "holier than thou" attitude that's apparent in everything your write?

That’s just Litigator’s online persona. He is in reality a fluffy little pink poodle playing with the cell phone in his wealthy owner’s Gucci bag.

 

[Litigator22]

That’s just Litigator’s online persona. He is in reality a fluffy little pink poodle playing with the cell phone in his wealthy owner’s Gucci bag.

(Like the politician is said to have said: "I don't care what they write about me as long as they spell my name correctly". So, I suppose some personal pleasure might be due here in the knowing that someone is paying attention to my feeble/testy contributions.)
---------------
But my goodness, Q! Such polished wordsmithing! (Pardon my gasping for breath as I enjoyed working my way through it.)

Anyhow, when you're finished with the tongue-lashing and basking in such eloquent and mature descriptive similes, perhaps your liege might consider asking "ezybreezy" when, if ever he plans on unveiling the substantive nature of his purported cause of action.

To date it appears to be a guarded secret enshrouded in unending procedural minutia and aimless amateurish research.

 

[quincy]

(Like the politician is said to have said: "I don't care what they write about me as long as they spell my name correctly". So, I suppose some personal pleasure might be due here in the knowing that someone is paying attention to my feeble/testy contributions.)
---------------
But my goodness, Q! Such polished wordsmithing! (Pardon my gasping for breath as I enjoyed working my way through it.)

Anyhow, when you're finished with the tongue-lashing and basking in such eloquent and mature descriptive similes, perhaps your liege might consider asking "ezybreezy" when, if ever he plans on unveiling the substantive nature of his purported cause of action.

To date it appears to be a guarded secret enshrouded in unending procedural minutia and aimless amateurish research.

Thank you for using the word “mature” in describing my post. I personally thought it rather immature.

 

[Litigator22]

Thank you for using the word “mature” in describing my post. I personally thought it rather immature.

No . . . ? I wouldn't even suggest it.

But are you going to ask breesy esy to disclose the guts of his posting, or what?

 

[quincy]

No . . . ? I wouldn't even suggest it.

But are you going to ask breesy esy to disclose the guts of his posting, or what? ...

[edited out]

I read ezbreezy123z’s other thread on this same lawsuit. I see no reason to ask for more information from him in order to answer the questions he poses here.