You can file suit on your own, but you will have to know where your tenant is currently residing so that you can serve them with the summons and complaint. You are also supposed to sue them in the district court ((if you are suing for $25, 000 or less) for the municipality in which they reside. If you are suing for more than $25,000, you have to file in circuit court.
If the damages are only a few thousand dollars, you can sue in small claims, which is a little more "lay person friendly" than your other options, but you are still going to have to serve the defendant. Small claims is also filed in the district court where the defendant is residing.
All of that said, there is a reason people go to law school. The practice of law is complicated and procedures are dictated by law and court rule. If you do not know what you are doing, it is easy for your case to get thrown out and you will have to start over. I would never advise a client to go to court without an attorney.
Best of luck to you,
John J. Keenan
This response applies to Michigan law only. This initial response to your question(s) is for general purposes, only, and is based upon the limited information you have provided. Therefore, this general answer should not be relied upon as a reason for your action or inaction. This response does not establish an attorney-client relationship; such a relationship may only be established by the signing of a written retainer agreement, and the payment of the agreed upon retainer. Please call me, or another attorney of your choice, with more details, and for an appointment to discuss same. Thank you for this opportunity to address your question(s).
You can, but it is not advisable.
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It depends on the damages. You can sue for up to $5k in small claims court, without an attorney. If the damages are more than that, you might be better off considering an attorney.
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I would ask an attorney to consult with them for a reasonable fee to check out your options. You also need to find out where the person moved too. Call an attorney today.
Kennedy Law Office, PLLC
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