HB-5221, As Passed House, August 30, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5221

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 8407 (MCL 600.8407), as amended by 1991 PA 192.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 8407. (1) A claim shall not be filed or prosecuted in the

small claims division by an assignee of a claim or by a third party

beneficiary under a third party beneficiary contract.

     (2) Within a district court district a person shall not file

more than  5  the following number of claims in the small claims

division in 1 week:  .

     (a) Except as provided in subdivision (b), a person shall not

file more than 5 claims in 1 week.

     (b) A person shall not file more than 10 claims in 1 week on

behalf of a county, city, or village.

     (3) A person shall not file a claim on behalf of a sole

proprietorship or a partnership unless that person is the

proprietor, a partner in the plaintiff partnership, or a full-time

salaried employee of the plaintiff having knowledge of the facts

surrounding the complaint. A person shall not file a claim on

behalf of a corporation unless that person is a full-time, salaried

employee having knowledge of the facts surrounding the complaint. A

person shall not file a claim on behalf of a county, city, village,

township, or local or intermediate school district unless that

person is an elected or appointed officer or an employee of the

county, city, village, township, or local or intermediate school

district who has knowledge of the facts surrounding the complaint

and who is authorized by the governing body of the county, city,

village, township, or local or intermediate school district to file

the claim.