Small Claims Court in Michigan: How to File, Limits, Fees, and Collection
A practical filing-to-collection guide for Michigan consumers and small businesses handling disputes up to $7,000.
| Fact | Detail |
|---|---|
| Maximum claim | $7,000 |
| Filing fee | $30 to $90 depending on claim amount |
| Court | Small Claims Division of the District Court |
| Time to hearing | About 15 to 45 days (typically around 30 days) |
| Attorneys allowed? | No (unless the case is removed to the general civil docket) |
| Deadline to sue on a written contract | 6 years from breach (MCL 600.5807(9)) |
| Service methods | Court clerk certified mail, sheriff, private process server, disinterested adult, court-ordered alternate service, publication |
| Appeal window | 7 days to demand a trial de novo (only if a magistrate heard the case) |
1. What is small claims court in Michigan?
Small claims court in Michigan is the Small Claims Division of the District Court. It hears informal money disputes up to $7,000. No lawyers and no juries are allowed. Cases are heard by a magistrate or a district judge, and most cases reach hearing in about 15 to 45 days from filing.
The Small Claims Division was created by statute as part of each District Court. The Michigan Compiled Laws set the rules at MCL 600.8401 and following sections. The court was designed for people handling their own cases, so the rules of evidence and procedure are loose. The judge or magistrate is supposed to do substantial justice, not enforce technicalities.
Which court hears small claims cases in Michigan?
The court that hears small claims cases in Michigan is the Small Claims Division of your local District Court. Every District Court in the state has one. The case is heard by either a magistrate (a court officer who handles small claims and minor matters) or a district judge. If a magistrate decides your case, you have a 7-day right to demand a trial de novo (a brand-new trial) before a district judge. If a district judge hears it, the decision is final.
How small claims differs from the regular civil docket
Small claims differs from the regular civil docket in four big ways. First, no attorneys appear at the hearing. Second, there is no jury. Third, the cap is $7,000, while the District Court general civil docket goes up to $25,000. Fourth, formal rules of pleading and evidence do not apply, so you do not have to file motions, do discovery, or follow strict evidence rules. The trade-off is that you give up some rights you would have on the general civil docket.
Is small claims court the right forum for your case?
Small claims is the right forum if you want money (or want money back) for something worth $7,000 or less, you do not need an injunction or a court order forcing the other side to do something, and your claim is not on the excluded list. Common good fits: unpaid invoices, security deposit return, vehicle damage, consumer disputes, bad checks, unpaid wages, and small breach-of-contract cases. If you want a lawyer, want a jury, or your damages exceed $7,000, file in the District Court general civil docket instead.
2. Should you file in Michigan small claims?
You can file in Michigan small claims if (1) your claim is for money only, (2) the amount is $7,000 or less, (3) the claim type is not on the excluded list, (4) the District Court where you file has proper venue, and (5) you have the right to sue (you are 18 or older, mentally competent, and not filing for someone else as an assignee). You also cannot file more than 5 small claims in the same district in any one week.
Cases small claims can hear in Michigan
Cases small claims can hear in Michigan include unpaid invoices, breach of a small contract, security deposit disputes, car or property damage from negligence, bad checks under MCL 600.2952, unpaid wages, consumer protection claims under MCL 445.911, statutory conversion under MCL 600.2919a, and quasi-contract claims (someone benefiting at your expense). The judgment is for money. Small claims cannot order the other side to do something or stop doing something.
Cases small claims cannot hear in Michigan
Cases small claims cannot hear in Michigan include:
- Evictions and summary proceedings for possession
- Foreclosures and land contract forfeitures
- Libel, slander, and defamation
- Assault, battery, and most intentional torts
- Family law (divorce, custody, child support)
- Probate and estate administration
- Class actions
- Federal-only matters (bankruptcy, patents, admiralty)
- Criminal charges and municipal ordinance prosecutions
- Lawsuits against the State of Michigan (those go to the Court of Claims)
- Workers' compensation, unemployment, and tax disputes (those go to administrative tribunals)
Small claims also cannot order injunctive or equitable relief. It only gives money judgments.
Who can sue and who can be sued?
Anyone who sues or is sued in Michigan small claims must be a real party with a real interest in the case. You must be 18 or older and mentally competent. Debt buyers and assignees generally cannot file in the small claims division. Businesses can sue and be sued, but a business must appear through an officer, owner, or employee at the hearing, not through a lawyer. Unlicensed contractors are barred from recovering for work that required a license. The State of Michigan is off-limits, but cities, counties, and school districts can be sued (with notice requirements).
What if you signed a contract with an arbitration clause?
If you signed a contract with an arbitration clause, the other side may try to force the case into arbitration instead. Arbitration clauses are generally enforceable under the Federal Arbitration Act and Michigan law. But many consumer contracts include a small-claims carve-out that lets either side file in small claims anyway. Read your contract. If the defendant wants arbitration, they typically remove the case to the general civil docket using Form DC 86 and file a motion to compel arbitration. If they do not assert arbitration timely, they may waive it.
3. How long do you have to sue? Statute of limitations in Michigan
In Michigan, you generally have 6 years to sue on a written or oral contract, 3 years for property damage or personal injury, 4 years for breach of warranty on goods, and 1 year for defamation. The clock starts on the date of breach or injury. Miss the deadline and the case gets dismissed, no matter how strong your facts.
Statute of limitations for common claims in Michigan
| Claim type | Limit | Statute | When the clock starts |
|---|---|---|---|
| Written contract | 6 years | MCL 600.5807(9) | Date of breach or default |
| Oral contract | 6 years | MCL 600.5807(9) | Date of breach or default |
| Open account | 6 years | MCL 600.5807(9) | Last transaction or last payment |
| Promissory note | 6 years | MCL 440.3118 | Due date (or accelerated due date); for demand notes, from date of demand |
| Property damage | 3 years | MCL 600.5805(2) | Date the damage occurred |
| Personal injury | 3 years | MCL 600.5805(2) | Date of injury |
| Fraud | 6 years | MCL 600.5813 | Time of the fraud (with discovery tolling possible) |
| Unpaid wages | 3 years | FLSA framework (29 U.S.C. § 255) | Each unpaid payday |
| Final paycheck | 3 years | MCL 600.5807(9) | Date final paycheck was due |
| Security deposit | 6 years | MCL 600.5807(9) | Date deposit should have been returned |
| Conversion | 3 years | MCL 600.5805(2) | Date of conversion |
| Defamation (libel/slander) | 1 year | MCL 600.5805(11) | Date of publication or utterance |
| Negligence | 3 years | MCL 600.5805(2) | Date of negligent act |
| Breach of warranty (goods) | 4 years | MCL 440.2725(1) | Date of delivery |
| Bad check | 3 years | MCL 440.3118(3) | Date check was dishonored |
| Consumer protection | 6 years | MCL 445.911 | Date of unfair or deceptive act |
| Trespass to chattels | 3 years | MCL 600.5805(2) | Date of interference |
| Quasi-contract | 6 years | MCL 600.5813 | When unjust enrichment became actionable |
When the clock pauses or resets in Michigan
The Michigan limitations clock pauses or resets in several situations. Minors and people who are legally incapacitated get extra time until the disability is removed. If the defendant is absent from Michigan, the clock may pause. Fraudulent concealment of the wrong adds up to 2 years from the date of discovery (MCL 600.5855). A partial payment, a written acknowledgment of the debt, or a new written promise to pay restarts the clock. Death of a potential plaintiff gives the personal representative time to sue.
What happens if you miss the deadline
If you miss the Michigan statute of limitations, the case gets dismissed once the defendant raises it as a defense. The defendant must raise it. If they do not (because they default or do not know), the judgment can still stand. But you cannot count on that. File before the deadline. If you are close to the deadline and not sure, file and sort it out later.
4. Before you file: demand letter and required notices
In Michigan, a demand letter is not generally required, but it is strongly recommended for most disputes. The big exception is bad checks: MCL 600.2952 requires a written demand sent by certified mail and a 30-day wait before you can sue for the statutory penalty. Suits against state government require notice to the Court of Claims (generally within 1 year under MCL 600.6431), and most local government tort claims require written notice within 120 days.
Do you need a demand letter in Michigan?
A demand letter in Michigan is not required by statute for most disputes, but judges expect to see one. It also helps you settle without filing. Send it by certified mail with return receipt requested. Keep the green card or the tracking confirmation. Give the other side a reasonable time to pay (commonly 14 to 30 days). If you sue, attach a copy of the demand letter to your file or bring it to the hearing.
What to include in a Michigan demand letter
A Michigan demand letter should include the date, your name and contact info, the defendant's name and address, a short description of what happened (dates, amounts, facts), the exact dollar amount you want, a deadline to pay (commonly 14 to 30 days), and a statement that you will file in small claims court if not paid. Keep it under one page. Stick to facts. Do not threaten anything besides filing the lawsuit.
Pre-suit notice for special claim types
Pre-suit notice in Michigan is required for these claim types:
- Bad checks (NSF). Under MCL 600.2952, send a written demand by certified mail and wait 30 days before suing for statutory damages. The demand must state the date and amount of the check, the bank, the date of dishonor, and that you will seek civil damages if not paid.
- Security deposits. Tenants must give the landlord a forwarding address in writing within 4 days of moving out. The landlord must mail an itemized list of damages within 30 days after tenancy ends or lose the right to keep any of the deposit for damages (MCL 554.609 and related sections).
- Government defendants. See below.
How to sue a city or county in Michigan
To sue a city or county in Michigan, you must send written notice of the claim to the government entity, usually within 120 days of the incident under the Governmental Tort Liability Act. For lawsuits against the State of Michigan itself, the suit goes to the Court of Claims, not small claims, and notice generally must be filed within 1 year under MCL 600.6431. Missing the notice deadline can bar the case entirely. Check the statute for your specific defendant and claim type.
5. Identifying and naming the defendant correctly
Name the defendant exactly as they exist legally. Use a person's full legal name. Use a sole proprietor's owner name plus the DBA. Use a corporation or LLC's exact registered name. Getting the name wrong is the single most common reason small claims judgments cannot be collected. Look up businesses in Michigan's LARA (Department of Licensing and Regulatory Affairs) business entity search before you file.
How to find a business's legal name in Michigan
To find a business's legal name in Michigan, use the LARA Corporations Online Filing System (COFS) business entity search. It is free. Search by business name and you will find the entity's exact registered name, ID number, registered agent, and the agent's address. The registered agent is who gets served. Write the name on your filing exactly as it appears, including "LLC," "Inc.," "Corp.," or "PLLC."
How to name an LLC or corporation
An LLC or corporation in Michigan is named by its exact registered legal name, with the full ending (LLC, L.L.C., Inc., Corp.). Do not use the trade name or storefront name. If "Joe's Pizza" is really "Smith Hospitality Group LLC d/b/a Joe's Pizza," sue "Smith Hospitality Group LLC d/b/a Joe's Pizza." Serve the registered agent at the address LARA lists.
How to name a sole proprietor or DBA
A sole proprietor in Michigan is named by the owner's full legal name, followed by "d/b/a" and the business name. Example: "John Smith d/b/a Smith Painting." A sole proprietorship is not a separate legal entity, so the owner is personally liable. Serve the owner at home or at the business address.
How to amend if you discover the wrong name after filing
If you discover the wrong name after filing, you can ask the court to amend your claim. File a written request before the hearing explaining the correct name. The court has discretion to allow it. If you discover the error after judgment and the entity is misnamed, you may have to file a new case. This is why the LARA search before filing matters.
6. The forms you need to file in Michigan
Michigan requires one form to start a small claims case: the DC 84 Affidavit and Claim. The clerk issues a summons and notice of hearing once you file. If you cannot afford the fees, also file the MC 20 Fee Waiver. All forms are State Court Administrative Office (SCAO) statewide PDFs, free to download.
Michigan small claims forms
| Form code | Name | Purpose | Filed by | Link |
|---|---|---|---|---|
| DC 84 | Affidavit and Claim (Small Claims) | Starts the case; states facts, parties, and amount | Plaintiff | courts.michigan.gov/siteassets/forms/scao-approved/dc84.pdf |
| DC 85 | Judgment, Small Claims | Records the outcome | Court | courts.michigan.gov/siteassets/forms/scao-approved/dc85.pdf |
| DC 86 | Demand and Order for Removal | Removes case to general civil docket | Defendant | courts.michigan.gov/siteassets/forms/scao-approved/dc86.pdf |
| DC 03 | Answer (Civil) | Defendant's answer if case is removed | Defendant | courts.michigan.gov/siteassets/forms/scao-approved/dc03.pdf |
| MC 20 | Fee Waiver (Suspension of Fees/Costs) | Waives filing/service fees for low-income filers | Either party | courts.michigan.gov/siteassets/forms/scao-approved/mc20.pdf |
| MC 07 | Default Request | Used when defendant fails to appear | Plaintiff | courts.michigan.gov/siteassets/forms/scao-approved/mc07.pdf |
| DC 99 | Motion to Set Aside Default Judgment | Used by defendant to vacate default | Defendant | courts.michigan.gov/siteassets/forms/scao-approved/dc99.pdf |
| MC 11 | Subpoena | Compels witness/document production | Either party | courts.michigan.gov/siteassets/forms/scao-approved/mc11.pdf |
| MC 17 | Satisfaction of Judgment | Filed when judgment is paid | Judgment creditor | courts.michigan.gov/siteassets/forms/scao-approved/mc17.pdf |
| MC 19 | Writ of Execution | Authorizes seizure of property | Judgment creditor | courts.michigan.gov/siteassets/forms/scao-approved/mc19.pdf |
| MC 12 | Writ for Garnishment (Periodic) | Wage garnishment | Judgment creditor | courts.michigan.gov/siteassets/forms/scao-approved/mc12.pdf |
| MC 13 | Writ for Garnishment (Non-Periodic) | Bank account/lump-sum garnishment | Judgment creditor | courts.michigan.gov/siteassets/forms/scao-approved/mc13.pdf |
| MC 52 | Writ for Garnishment (State Tax Refund) | Garnishes Michigan tax refund | Judgment creditor | courts.michigan.gov/siteassets/forms/scao-approved/mc52.pdf |
| MC 49 | Objection to Garnishment | Used by debtor to object | Judgment debtor | courts.michigan.gov/siteassets/forms/scao-approved/mc49.pdf |
| MC 70 | ADA Accommodation Request | Requests ADA accommodation | Either party | courts.michigan.gov/siteassets/forms/scao-approved/mc70.pdf |
Which forms open the case?
The forms that open a Michigan small claims case are the DC 84 Affidavit and Claim. That is it. You fill it out, sign it under oath in front of the clerk (or a notary), and pay the filing fee. The clerk then schedules a hearing and prepares the summons. The DC 84 is a fillable PDF on the Michigan Courts website.
Which forms does the defendant file?
The forms the defendant files in Michigan are usually none, if they plan to show up and dispute the case at the hearing. Small claims does not require a written answer. If the defendant wants a lawyer, a jury, or a formal counterclaim, they file Form DC 86 (Demand and Order for Removal) before the hearing to move the case to the general civil docket. After removal, they file Form DC 03 Answer.
How to fill out the Michigan claim form
To fill out the Michigan claim form, you enter your name and address, the defendant's exact legal name and address, the amount you are suing for (up to $7,000), and a short statement of what happened and why the defendant owes you the money. Be specific: dates, amounts, what was promised, what went wrong. Sign in front of the clerk or a notary. Bring two extra copies.
What if you can't afford the filing fee?
If you can't afford the Michigan filing fee, you file Form MC 20, the Affidavit and Order for Suspension of Fees/Costs. You qualify if you receive means-tested public benefits (TANF, SNAP, SSI, Medicaid) or if paying the fee would prevent you from affording necessities of life. Submit it with your DC 84. The court reviews it and either grants the waiver, denies it, or sets a partial fee.
7. Where to file, and how (in person, mail, e-file)
File in the District Court for the county where (1) the defendant lives, is employed, or has its principal place of business, or (2) where the cause of action arose (where the accident happened, where the contract was made or performed). Michigan accepts filings in person, by mail, by drop box, by fax (where the court allows), and through MiFILE, the statewide e-filing portal at mifile.courts.michigan.gov. Most cases get a hearing date about 15 to 45 days out.
Which county do you file in?
The county you file in is the one where venue is proper. The main options under Michigan venue rules are the District Court where the defendant resides or has their principal place of business, the District Court where the defendant is employed, or the District Court where the events giving rise to the claim happened (where the contract was signed or performed, where the accident occurred, where the property is located). Special venue rules apply for cases against cities, counties, school districts, and other local governments.
How to file in Michigan small claims
To file in Michigan small claims you can:
- In person. Go to the District Court clerk with your completed DC 84, two copies, and the filing fee.
- By mail. Mail your DC 84 with the filing fee (check or money order) to the District Court clerk. Include a self-addressed stamped envelope.
- Drop box. Some courts have a drop box. Check the court's website first.
- Fax. Some District Courts accept faxed filings with later payment. Call first.
- E-file. Use MiFILE if your District Court is on the system.
How to e-file in Michigan
To e-file in Michigan, create an account at mifile.courts.michigan.gov. Upload your DC 84 as a PDF. Pay the filing fee by credit card. MiFILE is the statewide e-filing portal run by the State Court Administrative Office. Adoption is uneven across the state, with only some District Courts on the system. Check whether your local District Court accepts MiFILE filings before you start.
What happens if you file in the wrong county?
If you file in the wrong county in Michigan, the defendant can ask the court to transfer the case to the proper venue, or in some cases to dismiss it. Wrong venue is not usually fatal, but it costs you time and may cost extra fees. Check the venue rules before you file. When in doubt, file in the District Court where the defendant lives.
8. Filing fees, service fees, and fee waivers in Michigan
Filing fees in Michigan small claims start at $30 for claims up to $600 and rise to $90 for claims at the $7,000 cap. Service by certified mail through the clerk costs about $8. Sheriff service runs about $26 plus mileage. Private process servers charge market rates (about $45 to $75). If you cannot afford the fees, file Form MC 20 to waive them. Filing fees are recoverable as costs if you win.
How much does it cost to file in Michigan?
Filing a Michigan small claims case costs $30 to $90 depending on the amount you are suing for. The state statutory base fees are set under MCL 600.8420. Additional local county surcharges (technology, law library) may apply and vary by county.
| Claim amount | Filing fee | Notes |
|---|---|---|
| $0 to $600 | $30 | Plus any local surcharges |
| $600.01 to $1,750 | $50 | Plus any local surcharges |
| $1,750.01 to $6,000 | $70 | Plus any local surcharges |
| $6,000.01 to $7,000 | $90 | Maximum claim cap is $7,000 |
How much does service cost?
Service in Michigan costs depend on the method you choose:
| Service method | Cost | When to use |
|---|---|---|
| Court clerk certified mail | About $8 | Default option; works when defendant will sign for mail |
| Sheriff or court officer | About $26 plus mileage | When you need personal service and certified mail failed |
| Disinterested adult (non-party) | Free if you find someone willing | When you want to save money |
| Private process server | About $45 to $75 | Hard-to-find or evading defendants |
| Publication | About $100+ | Last resort; requires court order |
Can you get the filing fee waived?
You can get the Michigan filing fee waived by filing Form MC 20, the Affidavit and Order for Suspension of Fees/Costs. You qualify if you receive means-tested public benefits (TANF, SNAP, SSI, Medicaid, SSDI based on need) or if paying the fee would mean going without necessities. The judge reviews your affidavit and signs an order either waiving the fees, denying the waiver, or setting a reduced fee.
Are filing fees recoverable if you win?
Filing fees in Michigan are recoverable if you win the case. The judge adds your filing fee, service fees, and statutory court costs to the judgment. You can also recover subpoena witness fees and mileage. Attorney's fees are generally not available because attorneys are not allowed in small claims. Recovering costs does not happen automatically; ask the judge to include them in the judgment and bring receipts.
9. Serving the defendant in Michigan
Michigan allows six methods to serve a small claims defendant: certified mail through the court clerk, personal service by sheriff or court officer, personal service by a disinterested adult, a private process server, court-ordered alternate service, and publication as a last resort. Service must generally be completed at least 7 days before the hearing. Proof of service must be filed before the case can proceed.
Service methods in Michigan
| Method | Allowed | Cost | When to use |
|---|---|---|---|
| Certified mail (court clerk) | Yes | About $8 | Default option; works if defendant signs |
| Sheriff or court officer | Yes | About $26 plus mileage | Personal service after certified mail failed |
| Disinterested adult (non-party) | Yes | Free | Saves money if you have a willing friend |
| Private process server | Yes | About $45 to $75 | Evading or hard-to-locate defendants |
| Court-ordered alternate service | Yes | Varies | Only with judge's approval after diligent attempts |
| Publication | Yes | About $100+ | Last resort; defendant cannot be located |
Service by sheriff or constable
Service by sheriff in Michigan is personal hand-delivery of the summons and DC 84 by a sheriff's deputy or court officer. Cost runs about $26 plus mileage, and rates vary by county. The officer files a Return of Service with the court. This is the most reliable method when certified mail does not work or when you expect the defendant to dodge.
Service by certified mail
Service by certified mail in Michigan is the default. The court clerk sends the summons and DC 84 to the defendant by certified mail, restricted delivery, return receipt requested. It costs about $8. Service is valid when someone signs for the mail. If the mail is unclaimed or refused, you need another method. The clerk files the USPS return receipt or a DC 536 Certificate of Mailing as proof.
Service by private process server
Service by a private process server in Michigan requires hiring a licensed server who is not a party to the case. They charge market rates, typically $45 to $75 for a routine serve. They handle the service, complete an affidavit of service, and often file it with the court for you. Good option when you want speed and reliability without using the sheriff.
Court-ordered alternate or substituted service
Court-ordered alternate service in Michigan is allowed when you cannot serve the defendant through normal methods after trying hard. You file a motion showing your diligent attempts (multiple visits at different times, certified mail returned, attempts at work and home). The judge can authorize alternate service, like posting on the door and mailing, or in rare cases service by email or social media.
Service by publication
Service by publication in Michigan is a last resort that you can use when the defendant cannot be located after a real search. You need a court order. Publication runs in a newspaper of general circulation, usually for multiple weeks. Costs depend on the paper but typically run $100 or more. File an Affidavit of Publication from the newspaper as proof.
What if the defendant refuses or evades service?
If the defendant refuses or evades service in Michigan, you have options. Try a different method (sheriff, then private process server). If you have multiple failed attempts documented, ask the court for alternate service. Document everything: dates, times, addresses, what happened. The court wants to see real diligence before allowing alternate service or publication.
Serving a military defendant
To serve a military defendant in Michigan, you must follow normal Michigan service rules, but you also need to comply with the Servicemembers Civil Relief Act (SCRA). Before any default judgment, you must file an affidavit stating whether the defendant is on active military duty. You can check status free at the Department of Defense's SCRA website. If the defendant is on active duty, the court may stay (pause) the case or appoint a lawyer to protect their interests.
10. The defendant's response
After service, the defendant in Michigan does not have to file a written answer in small claims. They just need to show up at the hearing and present their side. If they want a lawyer, a jury, or a formal counterclaim, they must file Form DC 86 (Demand and Order for Removal) to move the case to the general civil docket before the small claims hearing begins. If they do not show up, the plaintiff can get a default judgment.
How long does the defendant have to respond?
The defendant in Michigan has until the small claims hearing date to respond. There is no separate written answer deadline for small claims itself. The summons tells the defendant the hearing date. If they want to remove the case to general civil under DC 86, they must do that before the hearing starts. If they want to file their own claim against the plaintiff, they can file a separate small claims case or remove and counterclaim.
What goes in the answer?
A Michigan Answer in small claims is usually oral, not written. At the hearing, the defendant explains their side: what really happened, why they do not owe the money, what defenses apply. If the case is removed to general civil, then a written answer is required on Form DC 03. The DC 03 Answer admits or denies each allegation, raises defenses (statute of limitations, payment, accord and satisfaction, etc.), and may include a counterclaim.
Can the defendant counterclaim?
The defendant can counterclaim in Michigan by either filing a separate small claims case against the plaintiff (which the court can consolidate to hear with the original case) or by removing the case to the general civil docket with Form DC 86 and filing a formal counterclaim there. There is no formal small claims counterclaim form. If the counterclaim is small and fits the cap, the separate-case route is simpler.
What if the counterclaim exceeds the small claims cap?
If the counterclaim exceeds the Michigan $7,000 cap, the defendant must remove the case to the District Court general civil docket using Form DC 86. The general civil docket has jurisdiction up to $25,000. If the counterclaim exceeds $25,000, the whole case moves to Circuit Court. Removal must happen before the small claims hearing begins.
11. Preparing for and attending the hearing
Michigan small claims hearings happen about 15 to 45 days after filing (most cases land around 30 days). They are informal bench trials before a magistrate or district judge. Bring at least 2 copies of every exhibit, all your witnesses, and a 2 to 3 minute summary of your case. The judge usually rules from the bench at the end of the hearing.
When does your hearing happen?
Your Michigan small claims hearing happens about 15 to 45 days after filing in most courts. The clerk schedules it when you file. The exact range depends on the District Court's calendar, which varies by county. You will get the hearing date in writing, and the defendant gets it through service. Mark your calendar. Plaintiff no-shows result in dismissal, usually without prejudice the first time.
How to prepare your case
To prepare your Michigan small claims case, do these things in order:
- Write a 2 to 3 minute summary of what happened. Practice it out loud.
- Organize your evidence in chronological order: contract, invoices, receipts, photos, texts, emails, repair estimates.
- Make at least 2 copies of every document (one for you, one for the judge, one for the other side).
- Calculate your damages line by line. Bring the math.
- Identify witnesses. If they will not come voluntarily, subpoena them with Form MC 11.
- Anticipate the defense. What will they say? How do you answer?
- Visit the courtroom in advance if you can.
What evidence is admissible in Michigan?
Evidence admissible in Michigan small claims includes contracts, receipts, invoices, photographs, text messages, emails, repair estimates, witness testimony, and almost anything else relevant. Formal hearsay rules are relaxed at the magistrate's discretion, though privileged communications stay protected. Bring originals when possible. For texts and emails, print them with full headers (sender, recipient, date and time). For photos, note when and where each was taken. Digital evidence should be printed unless you have arranged otherwise with the court.
How to subpoena a witness
To subpoena a witness in Michigan, you fill out Form MC 11 (Subpoena), get it issued by the court clerk, and have it served on the witness. Plan ahead: serve the subpoena well before the hearing date. You must pay the statutory witness fee and mileage at the time of service. Subpoenas can also order someone to bring documents (subpoena duces tecum). If a subpoenaed witness fails to appear, the court can hold them in contempt.
Can you appear by phone or video?
Phone or video appearance in Michigan small claims is allowed at many District Courts, but policies vary county by county. Call the court clerk in advance to ask. Some courts require a written request. Remote appearance is more available since 2020, but it is not guaranteed everywhere. If you need it, request it as early as possible and have a backup plan in case it is denied.
Continuances and what happens if you can't attend
A continuance in Michigan small claims is at the judge's discretion. If the defendant was served less than 7 days before the hearing, the court must adjourn at least 7 days when the defendant requests it. Other continuance requests must be filed promptly with good cause: illness, scheduling conflict, missing key witness. If the plaintiff does not show up, the case is usually dismissed (often without prejudice the first time). If the defendant does not show, the plaintiff can get a default judgment. If both no-show, the case is dismissed.
12. Mediation, interpreters, and ADA accommodations
Michigan offers free court-annexed mediation in many District Courts, often the same day as the hearing. Interpreters are available in Spanish, Arabic, Chinese, Vietnamese, and other languages through the statewide interpreter roster. Request one from the clerk as early as possible (10 days lead time is recommended). ADA accommodations are requested through the clerk's office using Form MC 70 or a written letter.
Is mediation available in Michigan small claims?
Mediation in Michigan small claims is widely available and usually free. Many District Courts refer parties to a neutral mediator (court staff or a community dispute resolution center) before or on the day of the hearing. Mediation is voluntary in most courts. If you reach a deal, it can be written into a consent judgment or the case dismissed. If you do not, you go straight to the hearing.
How to request a court interpreter
To request a court interpreter in Michigan, you notify the court clerk in writing as soon as you know you need one, ideally when you file or get the hearing date. Allow about 10 days of lead time so the court can arrange a certified interpreter. Common languages include Spanish, Arabic, Chinese, and Vietnamese; other languages are arranged as needed through the statewide interpreter roster. Court interpreters are provided at no cost to the parties.
How to request an ADA accommodation
To request an ADA accommodation in Michigan, contact the court clerk or your local court's ADA coordinator and submit Form MC 70 (or a written letter). Describe what you need: wheelchair-accessible courtroom, sign-language interpreter, large-print documents, assistive listening devices. Request as early as possible. The court must provide reasonable accommodations under the Americans with Disabilities Act.
13. What you can recover (and statutory damages multipliers)
If you win in Michigan small claims, you can recover your damages, court costs (filing fee, service fees, subpoena witness fees), and post-judgment interest under MCL 600.6013. Pre-judgment interest may also apply under MCL 600.6013 (statutory rate is calculated semiannually and was not given as a fixed current figure in our sources). Attorney's fees are generally not available because attorneys are not allowed in small claims. Certain claims trigger statutory multipliers, like security deposit (2x damages) and statutory conversion (3x damages).
Statutory damages multipliers in Michigan
| Claim type | Multiplier or formula | Conditions | Statute |
|---|---|---|---|
| Security deposit (wrongful retention) | 2x damages | Landlord wrongfully withholds tenant's security deposit | MCL 554.613 |
| Statutory conversion | 3x damages plus costs and attorney's fees | Theft or conversion of property in certain situations | MCL 600.2919a |
| Bad check (NSF) | Up to 3x damages, often capped at $500 | Written demand and 30-day cure period required first | MCL 600.2952 |
| Michigan Consumer Protection Act | Up to 3x damages plus costs and attorney's fees | Willful violation of MCPA | MCL 445.911 |
| Unpaid wages | 2x damages (wages plus equal amount in liquidated damages) | Employer fails to pay required wages/overtime | MCL 408.419 |
What costs are recoverable in Michigan?
Costs recoverable in Michigan small claims include your filing fee, service of process costs (sheriff, certified mail, private server), subpoena witness fees and mileage, and other statutory court costs. Ask the judge to add them to the judgment. Bring receipts. Costs you incurred preparing the case (gas, parking, taking time off work) are generally not recoverable.
How does interest work on Michigan judgments?
Interest on Michigan judgments runs under MCL 600.6013. The statute sets the calculation method (typically 1% plus the average 5-year Treasury rate), and the rate is adjusted semiannually. Our sources did not provide the current fixed numeric rate. Interest accrues from the date you filed through judgment (pre-judgment) and after judgment until paid (post-judgment). Add it to your collection amount.
When can you recover attorney's fees?
Attorney's fees in Michigan small claims are recoverable only when a specific statute or contract authorizes them and you actually paid a lawyer. Because lawyers cannot appear at small claims hearings, fee recovery is uncommon in this division. The exceptions: statutory conversion (MCL 600.2919a) and Michigan Consumer Protection Act (MCL 445.911) allow fees. If your contract has an attorney's fee clause and fees would be substantial, consider removing to general civil so you can use a lawyer and recover the fees.
Statutory damages multipliers in Michigan
Michigan statutes that multiply damages in small claims include MCL 554.613 (security deposit wrongful retention, 2x), MCL 600.2919a (statutory conversion, 3x), MCL 600.2952 (bad checks, up to 3x with cap), MCL 445.911 (Consumer Protection Act, up to 3x for willful violations), and MCL 408.419 (unpaid wages, 2x). Several of these require you to send a pre-suit demand and wait the statutory period before filing. Check the statute that fits your case.
14. Getting a default judgment when the defendant doesn't respond
If the defendant in Michigan doesn't appear at the small claims hearing after being properly served, you can get a default judgment. File Form MC 07 (Default Request) at the hearing or have the clerk enter the default. You will still need a short prove-up where you tell the judge what happened and prove your damages. If the defendant is on active military duty, you must file an SCRA affidavit first.
When can you ask for a default judgment in Michigan?
You can ask for a default judgment in Michigan after the defendant has been properly served and fails to appear at the hearing. Proof of service must be in the court file before default can be entered. If service was less than 7 days before the hearing, the court may need to adjourn. Bring your evidence to the prove-up.
What you file to get a default
To get a default in Michigan, you file Form MC 07 (Request and Entry of Default). You will also typically need to file an affidavit under the Servicemembers Civil Relief Act (SCRA) stating whether the defendant is on active military duty. If damages are not liquidated (a fixed amount written on a contract), the court holds a brief prove-up where you present your evidence and the judge enters the dollar amount.
Can the defendant vacate a default in Michigan?
A defendant can vacate a Michigan default by filing Form DC 99 (Motion and Affidavit to Set Aside Default Judgment) within 21 days of the default. They must show good cause (a reason for not showing up) and a meritorious defense (a real defense to your claim). If granted, the case reopens and gets a new hearing date. After 21 days, vacating gets much harder.
15. Appealing a small claims judgment in Michigan
In Michigan, only the losing party in a case heard by a magistrate can appeal, and they must do so within 7 days. The appeal is a trial de novo (a brand-new trial) before a district judge. If a district judge heard the case in the first place, there is no appeal. The appeal goes to the same District Court, just to a different decision-maker, and the rules stay informal.
Who can appeal and when?
Either party in Michigan small claims can appeal within 7 days, but only if a magistrate heard the case. The notice of appeal must be filed within 7 days of the judgment. If a district judge heard the case (rather than a magistrate), the judgment is final and there is no right to appeal.
What kind of appeal is it?
An appeal in Michigan small claims is a trial de novo, meaning the case is heard fresh by a district judge. The judge does not just review what the magistrate did; they hear all the evidence again as if the first hearing never happened. Bring your witnesses and documents again. The result of the trial de novo is final.
What does an appeal cost?
An appeal in Michigan costs a separate filing fee for the appeal, set by court rule. Our sources did not give a specific dollar amount. Ask the clerk when you file. You may also need to post an appeal bond to stop collection while the appeal is pending.
Does an appeal stop collection?
An appeal stops collection in Michigan when the appellant posts a bond (or the court otherwise stays collection). Without a bond, the winning party can begin collecting even while the appeal is pending. If the appellant wins on de novo trial, any collected money has to be returned. To stop collection, file a motion to stay and offer a bond.
16. Collecting your judgment in Michigan
Winning is half the battle, and Michigan does not collect for you. After the 7-day appeal window closes (for magistrate cases) or 21-day window for setting aside default, you can record an abstract of judgment to create a lien on real property, get a Writ of Execution (MC 19) to levy non-exempt property, garnish wages with MC 12, levy bank accounts with MC 13, intercept tax refunds with MC 52, and order the debtor to a judgment-debtor exam. A Michigan judgment is good for 10 years and renewable for another 6 years under MCL 600.5809.
16.1 Wait for the appeal window to close
The appeal window in Michigan is 7 days for magistrate cases (none for cases decided by a district judge). A defendant also has 21 days to file Form DC 99 to set aside a default judgment. After both windows close without action, the judgment is final and collection can begin. If you start collection before the windows close, you risk having to undo it.
16.2 Get an abstract or certificate of judgment
An abstract of judgment in Michigan is a certified copy of your judgment (Form DC 85) that you can record with the County Register of Deeds where the debtor owns real estate. Once recorded, the judgment becomes a lien on the debtor's real property in that county. If they sell or refinance, you get paid out of the proceeds. Recording fees vary by county.
16.3 Writ of execution
A writ of execution in Michigan authorizes a sheriff or court officer to seize and sell the debtor's non-exempt property to pay your judgment. File Form MC 19 (Request and Order to Seize Property). The court officer or sheriff levies the property, which can include vehicles, equipment, and business assets above exemption amounts. Personal residences and household goods are usually protected. There is a sheriff or court officer fee plus mileage.
16.4 Wage garnishment
Wage garnishment in Michigan is allowed up to 25% of the debtor's disposable earnings under federal law (the federal Consumer Credit Protection Act sets the cap that Michigan follows). File Form MC 12 (Request and Writ for Garnishment, Periodic) and serve it on the debtor's employer. The employer must withhold the wages and send them to you, minus statutory deductions. A periodic garnishment in Michigan covers a limited period; you may need to file again to keep it active.
16.5 Bank levy or account garnishment
A bank levy in Michigan works by filing Form MC 13 (Request and Writ for Garnishment, Non-Periodic) and serving it on the debtor's bank. The bank must disclose the funds held in the debtor's accounts and turn them over to satisfy the judgment, minus any exempt funds. The debtor has a period to file Form MC 49 (Objection to Garnishment) and claim exemptions for Social Security, VA benefits, and other protected income. You typically need to know the bank name and approximate account location.
16.6 Debtor's examination
A debtor's examination in Michigan is a court-ordered appearance where the debtor must come to court, answer questions under oath about their assets, income, and bank accounts, and produce documents. You request the order from the court. If the debtor fails to appear, the court can hold them in contempt and even issue a bench warrant. The exam helps you locate assets to garnish or levy.
16.7 Satisfaction of judgment
A satisfaction of judgment in Michigan is filed when the debtor pays in full. You complete Form MC 17 (Satisfaction of Judgment) and file it with the court. This clears the public record and removes any liens. Filing satisfaction is required by court rule once the debt is paid. If you fail to file it, the debtor can move the court to compel you and you may owe sanctions.
16.8 Judgment renewal
A Michigan judgment is valid for 10 years and renewable by filing a renewal action before expiration. Under MCL 600.5809, you must commence renewal within the 10-year period; renewal extends enforceability for another period. Our source notes a renewal period of 6 years, so review the current statute before renewing. If you let a judgment expire without renewing, you may lose the right to collect.
16.9 Collecting from an out-of-state debtor (UEFJA)
To collect from an out-of-state debtor, you domesticate the judgment by using the Uniform Enforcement of Foreign Judgments Act (UEFJA), which Michigan has adopted. If your Michigan judgment is against someone in another state, you file an authenticated copy in that state's court. If you have an out-of-state judgment and the debtor is in Michigan, file the authenticated foreign judgment in the Michigan court where the debtor has assets. Once domesticated, you can collect using Michigan's standard tools.
16.10 What's exempt from collection in Michigan
Michigan protects the following property from collection. Federal benefits (Social Security, VA, federal pensions) are exempt under federal law, which overrides state rules. State exemptions cover homestead equity, vehicle equity, tools of trade, and other categories under MCL 600.6023. The debtor must claim exemptions when garnishment or levy hits, usually by filing Form MC 49.
| Category | Amount exempt | Statute | Notes |
|---|---|---|---|
| Homestead (primary residence) | About $3,500 (statute-level) | MCL 600.6023(1)(h) | Federal bankruptcy homestead is much higher; check current statute |
| Motor vehicle equity | About $1,000 | MCL 600.6023 | One vehicle |
| Tools of trade | About $2,500 | MCL 600.6023 | Tools and stock-in-trade for work |
| Household goods and clothing | About $1,000 | MCL 600.6023 | Necessary household items |
| Jewelry/personal ornaments | About $500 | MCL 600.6023 | Limited amount |
| Wildcard (other personal property) | About $1,000 | MCL 600.6023(1)(g) | Applies to non-specified property |
| Life insurance cash value | Up to $10,000 in some contexts | MCL 500.2207 | Death benefits to spouse/children generally exempt |
| Qualified retirement plans (IRAs, 401(k), pensions) | Generally fully exempt | MCL 600.6023(1)(k) | Funds inside the plan |
| Social Security / SSI | Fully exempt | 42 U.S.C. § 407 | Federal law |
| Veterans benefits | Fully exempt | 38 U.S.C. § 5301 | Federal law |
| Workers' compensation benefits | Exempt | Michigan workers' comp statute | Cannot be garnished |
| Unemployment benefits | Exempt | Michigan unemployment statute | Cannot be garnished |
Note: Michigan statutory exemption dollar amounts are periodically adjusted. Confirm current amounts in the statute before relying on them.
17. State-specific quirks and pitfalls in Michigan
Michigan has several rules that surprise filers. The most consequential: no attorneys are allowed in the small claims hearing itself, the defendant can remove the case to the general civil docket any time before the hearing starts, and the State of Michigan cannot be sued in small claims at all. Knowing these up front prevents wasted filings.
- No attorneys at the hearing. Lawyers cannot appear or participate in Michigan small claims hearings. Parties represent themselves. Businesses appear through an officer, owner, or employee, but not through outside counsel.
- Defendant can remove to general civil. Using Form DC 86, the defendant can move the case to the District Court general civil docket any time before the hearing begins. This restores the right to a lawyer, a jury, and formal procedure. If you sue a sophisticated defendant, expect removal.
- State of Michigan is off-limits. You cannot sue the State of Michigan or state agencies in district small claims. Those cases go to the Court of Claims under MCL 600.6431, with strict notice rules (generally written notice within 1 year).
- Local government notice is short. Most local tort claims against cities, counties, or townships require written notice within 120 days of the incident under the Governmental Tort Liability Act. Miss it and the case is barred.
- Bad check demand is mandatory. Under MCL 600.2952, you must send a written demand by certified mail and wait 30 days before suing for the statutory penalty on a bounced check.
- Tenant 4-day forwarding rule. Tenants must give the landlord a written forwarding address within 4 days of moving out to preserve security deposit rights.
- Landlord 30-day itemization. Landlords have 30 days after the tenancy ends to mail an itemized list of damages or lose the right to keep any of the deposit for damages.
- Weekly filing cap. You cannot file more than 5 small claims cases in the same District Court in any one week. Government entities can file up to 20.
- No appeal from a district judge. If a district judge (not a magistrate) hears your case, the judgment is final. Only magistrate decisions can be appealed (within 7 days, trial de novo).
- No class actions. Small claims does not allow class or representative actions.
- No injunctions. The court can only award money. It cannot order someone to do something or stop doing something.
- Unlicensed contractors barred. Contractors who needed a license but did not have one cannot recover for the work in court.
- No claim splitting. You cannot split a single claim into pieces to fit under the cap. If your real damages exceed $7,000, either accept the cap or file in general civil.
18. Sources and citations
- Michigan Judicial Institute. Small Claims Division (benchbook chapter). courts.michigan.gov. https://www.courts.michigan.gov/49c00f/siteassets/publications/benchbooks/dcmm/dcmmresponsivehtml5.zip/DCMM/Ch_7_Small_Claims/Small_Claims_Division-.htm. Cited for: court structure, magistrate vs. judge roles, no-attorney/no-jury rules, statutory cap history, removal procedure.
- Michigan Compiled Laws. MCL 600.8401 (District Court small claims jurisdiction). findlaw.com. https://codes.findlaw.com/mi/chapter-600-revised-judicature-act-of-1961/mi-comp-laws-600-8401.html. Cited for: statutory creation of small claims division and jurisdictional caps.
- Kent County. District Courts in Kent County / Small Claims page. kentcountymi.gov. https://www.kentcountymi.gov/1068/District-Courts-in-Kent-County. Cited for: practical explanation of no-attorney/no-jury rules and scope.
- Michigan Legal Help. Overview of Small Claims Court. michiganlegalhelp.org. https://michiganlegalhelp.org/resources/money-debt-and-consumer-issues/overview-of-small-claims-court. Cited for: permitted and excluded claim types, security deposit double damages.
- Michigan statutes via Justia. MCL 600.5807 and related statute-of-limitations sections. law.justia.com. https://law.justia.com/codes/michigan/2020/chapter-600/statute-act-236-of-1961/division-236-1961-58/section-600-5807/. Cited for: statute of limitations entries.
- Michigan Legislature. MCL 440.3118 (negotiable instruments). legislature.mi.gov. https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-3118. Cited for: promissory note and bad-check timing.
- 54B District Court. Forms listing (SCAO small claims forms). 54bdistrictcourt.com. https://www.54bdistrictcourt.com/686/Forms. Cited for: SCAO small-claims forms (DC 84, DC 85, DC 86).
- State Court Administrative Office. Form DC 84 — Affidavit and Claim (Small Claims). courts.michigan.gov. https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc84.pdf. Cited for: official complaint form.
- State Court Administrative Office. Form DC 86 — Demand and Order for Removal. courts.michigan.gov. https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc86.pdf. Cited for: removal procedure.
- State Court Administrative Office. Form MC 20 — Fee Waiver. courts.michigan.gov. https://www.courts.michigan.gov/siteassets/forms/scao-approved/mc20.pdf. Cited for: fee waiver form and process.
- MiFILE. Michigan statewide e-filing portal. mifile.courts.michigan.gov. https://mifile.courts.michigan.gov. Cited for: e-filing portal availability.
- Michigan Legislature. MCL 600.6431 (notice for claims against the State / Court of Claims). legislature.mi.gov. https://www.legislature.mi.gov/doc.aspx?mcl-600-6431. Cited for: state-defendant notice requirements.
- State Court Administrative Office. Form MC 12 — Writ for Garnishment (Periodic). courts.michigan.gov. https://www.courts.michigan.gov/siteassets/forms/scao-approved/mc12.pdf. Cited for: wage garnishment form.
- State Court Administrative Office. Form MC 13 — Writ for Garnishment (Non-Periodic). courts.michigan.gov. https://www.courts.michigan.gov/siteassets/forms/scao-approved/mc13.pdf. Cited for: bank account garnishment form.
19. Frequently asked questions
What is the maximum amount you can sue for in Michigan small claims court?
The maximum amount you can sue for in Michigan small claims court is $7,000. If your real damages exceed $7,000, you can either accept the cap (waive the excess) or file in the District Court general civil docket, which handles cases up to $25,000. You cannot split one claim into multiple cases to get around the cap.
How much does it cost to file a small claims case in Michigan?
Filing a small claims case in Michigan costs $30 to $90 depending on the claim amount: $30 for claims up to $600, $50 for $600.01 to $1,750, $70 for $1,750.01 to $6,000, and $90 for $6,000.01 to $7,000. Local county surcharges may add to the base fee. Service costs are separate, typically $8 for certified mail or about $26 plus mileage for sheriff service.
How long do I have to sue in Michigan small claims?
You have between 1 year and 6 years to sue in Michigan small claims, depending on the claim. Written and oral contracts: 6 years (MCL 600.5807(9)). Property damage and personal injury: 3 years (MCL 600.5805(2)). Breach of warranty on goods: 4 years (MCL 440.2725). Defamation: 1 year (MCL 600.5805(11)). The clock generally starts on the date of breach, injury, or wrongful act.
Do I need a lawyer for Michigan small claims court?
You do not need (and cannot use) a lawyer at the Michigan small claims hearing itself. Attorneys are not allowed to appear or participate. If you want a lawyer, the defendant can also bring one, both sides can request removal to the general civil docket using Form DC 86 before the hearing begins. The whole point of small claims is to let people handle their own cases.
Can a business sue or be sued in Michigan small claims?
A business can sue or be sued in Michigan small claims. The business must appear through an officer, owner, or employee, not through outside counsel. Sue the business by its exact registered legal name (look it up on the LARA business entity search). Unlicensed contractors who needed a license to do the work cannot recover. Government entities and the State of Michigan have separate rules.
How do I serve the defendant in Michigan?
To serve the defendant in Michigan small claims, you can use court clerk certified mail (about $8), sheriff or court officer (about $26 plus mileage), a disinterested adult, a private process server ($45 to $75), court-ordered alternate service, or publication as a last resort. Service must generally be completed at least 7 days before the hearing. Proof of service must be filed with the court.
How long does it take to get a hearing in Michigan small claims?
It takes about 15 to 45 days to get a hearing in Michigan small claims after you file, with most cases landing around 30 days. The exact time depends on your District Court's calendar. The clerk schedules the hearing when you file and notifies both parties. You will get the date in writing.
What happens at a Michigan small claims hearing?
A Michigan small claims hearing is informal. You appear before a magistrate or district judge, present your case in your own words, show your evidence, and call any witnesses. The judge asks questions. The defendant tells their side. Formal evidence rules are relaxed. The whole hearing usually takes 15 to 30 minutes. The judge often rules from the bench.
What if the defendant doesn't show up in Michigan?
If the defendant does not show up in Michigan small claims after being properly served, you can get a default judgment. File Form MC 07, prove your damages briefly, and the judge enters judgment in your favor. You must also file an SCRA affidavit confirming the defendant is not on active military duty. The defendant has 21 days to file Form DC 99 to set aside the default.
What if I miss my Michigan small claims hearing?
If you miss your Michigan small claims hearing as the plaintiff, the case is usually dismissed without prejudice the first time, meaning you can refile but you lose the filing fee and the time you put in. If you miss it as the defendant, the plaintiff can get a default judgment against you. You have 21 days to file Form DC 99 to set aside the default with good cause and a real defense.
Can I appeal a Michigan small claims judgment?
You can appeal a Michigan small claims judgment only if a magistrate (not a district judge) heard the case. The appeal must be filed within 7 days, and it is a trial de novo (a brand-new trial) before a district judge. If a district judge heard the case originally, the judgment is final with no appeal.
How do I collect a Michigan small claims judgment?
To collect a Michigan small claims judgment, you can record an abstract of judgment with the Register of Deeds, file Form MC 19 for a writ of execution to seize property, file Form MC 12 for wage garnishment, file Form MC 13 for bank account garnishment, file Form MC 52 to intercept Michigan tax refunds, and order the debtor to a judgment-debtor exam. The judgment is good for 10 years.
Can I garnish wages in Michigan?
You can garnish wages in Michigan up to 25% of the debtor's disposable earnings, the federal cap that Michigan follows. File Form MC 12 (Request and Writ for Garnishment, Periodic) and serve it on the debtor's employer. The employer withholds the wages and sends them to you. Social Security, VA benefits, unemployment, and workers' compensation are exempt.
How long is a Michigan small claims judgment valid?
A Michigan small claims judgment is valid for 10 years and renewable under MCL 600.5809 before it expires. To renew, you must commence renewal within the 10-year period. If you let a judgment expire without renewing, you can lose the right to collect on it. Most judgment creditors renew at least once.
Can I sue a city or government agency in Michigan small claims?
You can sue a city, county, township, or other local government in Michigan small claims, but you must send written notice of the claim within 120 days of the incident under the Governmental Tort Liability Act. The State of Michigan itself cannot be sued in small claims; those cases go to the Court of Claims with notice required generally within 1 year under MCL 600.6431.
Do I have to send a demand letter before filing in Michigan?
A demand letter is not generally required before filing in Michigan small claims, but it is strongly recommended. The big exception is bad checks: MCL 600.2952 requires a written demand sent by certified mail and a 30-day wait before suing for the statutory penalty. Security deposit and government tort claims have their own pre-suit notice rules.
What forms do I need to file in Michigan small claims?
To file in Michigan small claims, you need Form DC 84 (Affidavit and Claim). That is the only required form to start the case. If you cannot afford the fee, add Form MC 20 (Fee Waiver). The clerk handles the summons. Later forms you may need include MC 11 (Subpoena), MC 07 (Default Request), MC 17 (Satisfaction), MC 12/13/52 (Garnishment), and MC 19 (Writ of Execution).
Can I file Michigan small claims online?
You can file Michigan small claims online through MiFILE, the statewide e-filing portal at mifile.courts.michigan.gov, but only if your local District Court is on the system. Adoption is uneven across the state. Check with your District Court before relying on e-filing. You can also file in person, by mail, by drop box, or by fax (where allowed).
Does Michigan small claims have a jury?
Michigan small claims does not have a jury. All cases are decided by a magistrate or district judge in a bench hearing. If you want a jury, the defendant or you can remove the case to the District Court general civil docket using Form DC 86 before the hearing begins. The general civil docket allows juries.
What's the Michigan security deposit penalty?
The Michigan security deposit penalty is double damages under MCL 554.613 when a landlord wrongfully retains a tenant's deposit. The tenant must give the landlord a forwarding address in writing within 4 days of moving out. The landlord then has 30 days to mail an itemized list of damages or forfeit the right to keep any of the deposit for damages. Tenants can sue for the deposit plus the statutory double damages in small claims.
20. When to call a lawyer (and disclaimer)
This guide is enough for most routine Michigan small claims cases: an unpaid invoice, a security deposit, a fender-bender repair bill, a small consumer dispute. The process is designed for self-represented parties, and the rules are loose enough that a careful person can handle it.
Call a lawyer when the stakes are high or the law is tricky. Examples: your damages are close to the $7,000 cap and you might lose the excess by filing in small claims, the statute of limitations is unclear or close to running out, you are suing a city or county and the notice rules are tight, the defendant is likely to remove the case to general civil and bring a lawyer, the contract has an arbitration clause, you expect collection to be hard, or you have an ongoing business relationship with the defendant that this case will affect.
For low-cost help in Michigan, contact the State Bar of Michigan Lawyer Referral Service (michbar.org), Michigan Legal Help (michiganlegalhelp.org) for self-help resources, or your local legal aid office for free help if you qualify by income. Many Michigan law schools also have student clinics that take small claims cases.
This page is general legal information about Michigan small claims court, not legal advice. Reading it does not create an attorney-client relationship. Laws and court fees change. Always confirm current rules with the District Court where you plan to file before relying on anything here.
This guide is general information about Michigan small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Michigan for advice about your specific situation.