Prepare Your Documents for Small Claims in Michigan

Small Claims Court is a division of the Michigan District Court that helps people resolve certain money-related disagreements without the more formal procedures used in other court cases.

You may be able to file a claim for issues such as:

• Unpaid money or debts
• Property damage
• A security deposit that was not returned
• Unpaid bills or contract disagreements
• Money owed after a car accident

Small Claims Court generally handles claims for $7,000 or less. It can award money, but it generally cannot order someone to return specific property or provide other non-monetary relief.

• You may be able to file a small claims case if you believe another person or business owes you money and your claim falls within the court's rules and limits.

  Before filing, consider whether:

  • You can identify the person or business you are claiming against.
  • You can explain why the other party owes you money.
  • You have documents or other evidence to support your claim.
  • Your claim is for an amount within the Small Claims Court limit.

  You must also file in the appropriate District Court. The correct court may depend on where the dispute happened or where the Defendant lives or works.

Michigan Small Claims Court can award a maximum of $7,000, excluding any additional costs the court may award.

If you file in Small Claims Court, you give up the right to collect more than $7,000 for that claim. If your claim is worth more than the limit, you may still choose small claims, but you should consider whether filing in the regular District Court would better fit your situation.

Small Claims Court also does not allow a jury trial or attorney representation at the hearing. You may request to move the case to the regular District Court if you want to preserve those options.

The main form used to start a Michigan small claims case is Form DC 84, Affidavit and Claim, Small Claims.

Depending on your situation, you should gather supporting evidence such as:

• Contracts or written agreements
• Receipts, invoices, and payment records
• Emails, text messages, or letters
• Photographs or repair estimates
• Other records showing how much money you believe you are owed

You must sign the affidavit in front of a notary public or court clerk. Review the court's instructions to make sure your form is complete before filing.

Michigan small claims filing fees depend on the amount you are claiming. The commonly listed filing fees are:

• $30 for claims up to $600
• $50 for claims over $600 and up to $1,750
• $70 for claims over $1,750 and up to $7,000

You may also have to pay service fees to notify the Defendant and other applicable court costs. Fees can change, so confirm the current amounts with the court where you plan to file.

If you cannot afford the fees, you may ask the court to waive them. Approval is required.

Michigan generally does not require you to send a demand letter or wait a specific number of days before filing a small claims case.

However, contacting the other party first may help resolve the problem without going to court. You can explain what happened, state how much money you believe is owed, and request payment by a reasonable date.

Keep a copy of your letter or message and any response. If the other party pays or reaches an agreement that resolves the issue, you may not need to file a claim.

After you file your claim, the court arranges for the Defendant to receive a copy of the Affidavit and Claim and notice of the hearing. Service may be completed by certified mail with return receipt requested or by personal service, depending on the method selected and the court's requirements.

You must pay the applicable service fee and follow the court's instructions. Proper service is important because the case generally cannot proceed to trial until the Defendant has been properly notified.

If service is unsuccessful, contact the court clerk to learn what steps you can take next.

No. In Michigan Small Claims Court, you generally represent yourself. Attorneys cannot represent parties at the small claims hearing.

You should be prepared to explain your claim, answer the judge's or magistrate's questions, and present your supporting evidence. You may consult an attorney outside the hearing to better understand your rights and options.

If you want an attorney to represent you in court, you can request to move the case to the regular District Court. Different procedures may apply after the case is moved.

You should still attend your hearing and bring your supporting evidence, even if you believe the Defendant will not appear.

If the Defendant was properly served but does not attend, the judge or magistrate may enter a default judgment. This does not mean you automatically win; the court must determine whether your claim supports the requested award.

If you do not attend your own hearing, your claim may be dismissed. Always check your Notice of Hearing and contact the court promptly if you have a problem attending.

If the court rules in your favor, it will issue a judgment stating what the Defendant must pay. Winning does not necessarily mean you will receive the money immediately.

If the Defendant does not pay voluntarily, you may be able to use legal collection procedures, such as:

• Wage garnishment, when legally available
• Bank account garnishment, when legally available
• Other court-approved judgment enforcement procedures

You may need to file additional forms and pay fees to begin collection. Review Michigan's judgment-collection instructions or contact the court clerk to learn which procedures may apply to your case.