HB-5221, As Passed Senate, December 12, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SENATE 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.

 

     (b) A person shall not file more than 20 claims on behalf of a

 


county, city, village, or township.

 

     (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.

 

     Enacting section 1.  This amendatory act takes effect January

 

1, 2007.