Small claims in Michigan.
Standard $7,000 cap and 7-day appeal window for magistrate decisions.
- Most you can sue for$7,000Same cap for individuals and businesses
- Filing fee$30-$70Tiered by claim amount
- CourtDistrict Court (Small Claims Division)
- Lawyers at trialNot allowedParties represent themselves
- Appeal window7 daysOnly if heard by a magistrate
- Recent change—No major changes in the last 3 years
Find your situation.
Michigan small claims handles money disputes up to $7,000 (or $7,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Michigan allows you 6 years to file claims on written contracts and 6 years on oral contracts.
Wrong court for these12 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court cannot handle eviction cases; these must be filed in the general civil division of the district court.
Try instead: District Court general civil division
Title to real estate
Disputes involving ownership or title to real property are beyond the jurisdiction of small claims court.
Try instead: Circuit Court
Defamation (libel and slander)
Claims for defamation are excluded from small claims court jurisdiction.
Try instead: District Court general civil division
Malpractice
Professional malpractice claims require complex evidence and are not suitable for small claims court.
Try instead: Circuit Court
Family law matters
Divorce, child custody, and support cases are handled by family courts, not small claims court.
Try instead: Family Division of Circuit Court
Probate matters
Issues related to wills, estates, and guardianships are under the jurisdiction of probate courts.
Try instead: Probate Court
Claims against the federal government
Small claims court cannot hear cases against federal agencies or the U.S. government.
Try instead: Federal Court
Class actions
Class action lawsuits are complex and exceed the procedural scope of small claims court.
Try instead: Circuit Court
Injunctions and specific performance
Small claims court can only award monetary damages, not equitable relief like injunctions.
Try instead: Circuit Court
Workers' compensation claims
These claims are handled by the Workers' Compensation Agency, not small claims court.
Try instead: Workers' Compensation Agency
Mandatory arbitration disputes
Disputes subject to mandatory arbitration clauses are not eligible for small claims court.
Try instead: Arbitration
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention. For bad check claims, a 30-day demand letter is mandatory.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Small Claims Division of the District Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are added to the judgment.
E-filing in Michigan: Availability of e-filing depends on the specific district court; check with the local court clerk.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 7 days before the hearing (in the same county) or 9 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Certified mail by court. The court sends the summons and complaint to the defendant via certified mail.
- Personal service by sheriff or process server. A sheriff or authorized process server personally delivers the documents to the defendant.
File the proof of service (MC 01) at least 0 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, the court may allow alternative service methods, such as publication.
If the defendant is evading service, document attempts and request alternative service methods from the court.
Show up to the hearing
Bench trial with each party presenting their case; hearings are typically brief.
Lawyers at trial: Not allowed. Attorneys are not permitted to represent parties in small claims court; parties must represent themselves.
When you’ll get the decision: On the spot or mailed within a few weeks
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim amount.
If you’re the defendant being sued
The defendant is not required to file a written answer but must appear at the hearing to contest the claim.
Counter-suing the plaintiff: Allowed using DC 84 (Affidavit and Claim). Serve the plaintiff at least 7 days before trial (same county) or 9 days (out of county).
Counterclaim bigger than the cap? Either party can request transfer to the general civil division, allowing for attorney representation and appeal rights. Mich. Comp. Laws § 600.8408
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 21 days to pay. Judgments accrue 0% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $15 plus service fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of garnishment, serve the bank, and the bank freezes and transfers funds to the court.
Cost: $15 plus service fees
Notes: Effective if debtor has sufficient funds in the account.
What’s protected:
- Social Security and federal benefits
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
File a notice of judgment lien with the county recorder's office, which encumbers the property until the judgment is satisfied.
Cost: $25 plus recording fees
Notes: Effective if debtor owns real property; may delay satisfaction until property is sold.
What’s protected:
- Homestead exemption up to $40,000
Writ of execution
Seize and sell debtor's non-exempt personal property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, and the sheriff seizes and sells the debtor's property at auction.
Cost: $15 plus sheriff's fees
Notes: Effective if debtor owns valuable non-exempt property.
What’s protected:
- Personal property up to $3,000
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order in which liens are recorded.
Can you appeal if you lose?
either
- Deadline: 7 days from the judgment notice.
- Filing fee: $25.
- Form: DC 85 — Demand and Order for Removal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The case is reheard in its entirety by a district court judge.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Default judgment? Different rules.
A default judgment cannot be appealed; the defendant must first file a motion to set aside the default.
Motion to vacate (Form MC 99): file within 21 days of the judgment notice.
Why cases get dismissed.
Wrong defendant naming
What goes wrong: If you sue 'John's Garage' but the legal entity is 'JG Auto Repair LLC', the judgment may be unenforceable against the LLC's assets.
How to avoid it: Search the Secretary of State business records before filing and use the exact registered name; for sole proprietors, use the individual's full legal name.
Missed statute of limitations
What goes wrong: Filing one day after the deadline gets the case dismissed with prejudice.
How to avoid it: Check the statute of limitations for your specific claim type before filing; for fraud, the discovery rule applies but be prepared to prove when you reasonably could have discovered it.
Improper service of process
What goes wrong: If the defendant isn't properly served, the case may be delayed or dismissed.
How to avoid it: Follow Michigan's service rules carefully; consider using a professional process server if unsure.
Filing in the wrong venue
What goes wrong: The case may be transferred or dismissed, causing delays and additional costs.
How to avoid it: File in the correct county based on where the defendant lives or where the cause of action arose.
Failing to collect judgment
What goes wrong: Winning a judgment doesn't guarantee payment; you may need to take additional steps to collect.
How to avoid it: Familiarize yourself with collection methods like garnishment and liens; act promptly to enforce the judgment.
Overlooking exemptions in collection
What goes wrong: Certain debtor assets are protected from collection efforts, limiting recovery options.
How to avoid it: Understand Michigan's exemption laws to assess the feasibility of collecting on a judgment.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources8 citations and statutes
- Michigan Courts - Small Claims
- Mich. Comp. Laws § 600.8401 - Small Claims JurisdictionMich. Comp. Laws § 600.8401
- Mich. Comp. Laws § 600.8407 - Commencing Small Claim ActionMich. Comp. Laws § 600.8407
- Mich. Comp. Laws § 600.8420 - Appeals from Small ClaimsMich. Comp. Laws § 600.8420
- Michigan Consumer Protection Act - Mich. Comp. Laws § 445.901 et seq.Mich. Comp. Laws § 445.901 et seq.
- Michigan District Court Fee Schedule
- Michigan Landlord and Tenant Relationships Act - Mich. Comp. Laws § 554.601 et seq.Mich. Comp. Laws § 554.601 et seq.
- Michigan Payment of Wages and Fringe Benefits Act - Mich. Comp. Laws § 408.471 et seq.Mich. Comp. Laws § 408.471 et seq.
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.