Advice on who to name in case

[sherdog1968]

I'm in Michigan and I am wanting to file a small claims suit against my mother for unreturned property. She has my brother as her power of attorney. Who do I name in the suit? Her, my brother, or both?

 

[HRZ]

Double check but I think the powers of SC may be limited to recover money not " stuff " or specific performance...

 

[quincy]

I'm in Michigan and I am wanting to file a small claims suit against my mother for unreturned property. She has my brother as her power of attorney. Who do I name in the suit? Her, my brother, or both?

If you are looking for the return of property, you will want to file a claim and delivery complaint and not a small claims complaint. Small claims are for money disputes not property disputes.

 

[adjusterjack]

I'm in Michigan and I am wanting to file a small claims suit against my mother for unreturned property. She has my brother as her power of attorney. Who do I name in the suit? Her, my brother, or both?

You would sue your mother.

But, as previously noted, in Michigan you cannot sue in small claims for the return of property. If you want to use small claims court you would have to sue for the monetary value of the property and you would only be entitled to the depreciated (used) value of the property.

 

[quincy]

Here is a link to Michigan's Claim and Delivery complaint form:

http://courts.mi.gov/Administration/SCAO/Forms/courtforms/mc35.pdf