Filing a Small Claims Case in Michigan

This procedure is one of the topics covered in Michigan small claims court, which limits the division to money claims of $7,000 or less under MCL 600.8401. The steps below assume the case already fits: a money-only claim against a defendant who can be identified and located.

Confirm the case fits in small claims

Small claims jurisdiction is narrow. Under MCL 600.8401, the division hears only cases for the recovery of money, and the amount claimed cannot exceed $7,000. The cap took effect January 1, 2024 and applies to the total asked for, including any costs.

A claim larger than $7,000 can still be filed in small claims if the plaintiff waives the excess on the affidavit. Waiving is permanent. The waived portion cannot be sued for later, in this court or any other. A plaintiff with a meaningfully larger claim has the option of filing in the general civil division of district court instead, which carries a higher claim limit, formal procedure, and the right to counsel.

Several categories of plaintiff are barred entirely. MCL 600.8407 prohibits filing by an assignee of a claim (a collection agency that bought the debt, for example) or by a third-party beneficiary. The same statute caps any one person at 5 small claims filings per week in a single district court, and any one county, city, village, or township at 20 filings per week.

Complete SCAO form DC 84

The Affidavit and Claim is the form that starts the case. It is published by the State Court Administrative Office (SCAO) and used in every district. The plaintiff completes it, signs it under oath in front of a notary or court clerk, and files it with the district court.

The form runs two pages and asks for the names and addresses of the parties, the amount in controversy, a short statement of the facts, and a basis for venue (typically the defendant’s address, the address where a contract was performed, or where an injury occurred). The form is signed under penalty of perjury; false statements carry criminal liability under Michigan’s perjury statute.

1. Name the parties correctly

   Use legal names. An individual sues in the individual’s own name. A sole proprietor sues in personal name, with the business name as a “doing business as.” A corporation, LLC, or partnership sues in the registered legal name, not the brand name. A misnamed defendant is hard to collect against later, because the writ has to match the name on the defendant’s bank account or wage record.

2. State the amount and the reason

   The form asks for the dollar amount and a short description of why the defendant owes it. Specifics carry weight: “$2,400 for unpaid invoices dated March 7 and April 12, 2026” is what the form wants, not “money owed for services.”

3. Identify the right court (venue)

   The case belongs in the district where the defendant lives or does business, where the underlying contract was performed, or where the injury occurred. Some districts cover multiple cities; the clerk’s office for any nearby district can confirm whether a particular address falls within it.

4. Sign and notarize

   The plaintiff signs under oath. A court clerk can notarize at filing; many banks offer free notarization. The signature is what makes the document an affidavit, which MCL 600.8420 requires for commencement of the action.

A plaintiff filing on behalf of a sole proprietorship, partnership, or corporation must have direct personal knowledge of the facts. MCL 600.8408(2) requires the representative to be an officer, partner, sole proprietor, or full-time employee with that knowledge. Without it, the court cannot accept the filing on the entity’s behalf.

File the affidavit and pay the filing fee

Filing happens at the small claims division of the district court for the chosen county. Most clerk’s offices accept walk-in filing during business hours, and many also accept filing by mail. A growing number of districts run an e-filing portal through MiFILE, the state’s electronic filing system.

The filing fee is set by MCL 600.8420 and depends on the amount in controversy:

• $25 for claims of $600 or less
• $45 for claims of more than $600 up to $1,750
• $65 for claims of more than $1,750 (up to the $7,000 cap)

The court also charges the prevailing postal rate for mailing the affidavit to each defendant when the clerk handles service. A separate $15 fee under MCL 600.8420(2) applies later, after judgment, for issuing a writ of execution, attachment, or garnishment, or a judgment-debtor discovery subpoena.

When the clerk accepts the filing, the case is assigned a number and a hearing date. Hearings are typically scheduled a few weeks out, depending on the district’s calendar. The clerk stamps and returns copies of the affidavit and the Notice to Appear for use in noticing the defendant.

As a rough timeline, most cases reach a hearing within several weeks of filing and conclude the same day with a bench decision. When a magistrate hears the case, either side has 7 calendar days from the entry of the magistrate’s decision to demand a de novo hearing before a district court judge, which adds several more weeks before the judgment becomes final. Post-judgment collection through garnishment or execution is a separate process that can extend the case by months.

Notice the defendant

The court will not enter a judgment against a defendant who was not properly notified. Two methods of giving notice are available in Michigan small claims.

The first is service by mail through the clerk. The clerk mails the affidavit and notice by certified or ordinary mail at the plaintiff’s request. The plaintiff pays the postal rate set by MCL 600.8420(2) per defendant. Mail service is cheaper but depends on the post office’s delivery record; a defendant who disputes mail notice can force a continuance.

The second is personal service by a non-party adult. Any adult who is not a party can hand-deliver the papers to the defendant. The non-party can be a sheriff’s deputy, a court officer, a registered process server, or any other competent adult. Personal service avoids the mail-receipt issue but costs more: sheriff service in most counties runs $40 to $60 plus mileage. The person who served the papers fills out the proof-of-service portion of the form and returns it to the court.

Special rules apply to certain defendants. A corporation or LLC is served through its resident agent, listed in the entity’s filings with the Michigan Department of Licensing and Regulatory Affairs. A local government is served on the clerk or chief executive of the entity. Active-duty service members have additional federal protections under the Servicemembers Civil Relief Act.

Get ready for the hearing

Hearings happen in person at the courthouse. Each side comes with the documents and witnesses that prove or rebut the claim. There is no formal discovery before the hearing, no depositions or interrogatories, so the documents the parties carry into the courtroom are usually the entire evidentiary record.

The procedure is informal compared to ordinary civil trial. Under MCL 600.8411(2), the judge or magistrate conducts the trial “in an informal manner so as to do substantial justice between the parties,” is not bound by the rules of evidence except those on privileged communications, and there is no jury or verbatim record.

Two procedural choices have to be made before the trial commences and are waived once it starts. The first is whether to be heard by a district court judge instead of a magistrate. Most Michigan small claims dockets are heard by a district court magistrate, an attorney authorized by the chief judge. Either party can demand instead that a district court judge hear the case. The demand must come before trial begins; once the hearing is underway, the choice is locked.

The second is whether to remove the case from small claims to the general civil division of the district court before trial. Removal restores the right to counsel at trial, the right to a jury, and the right to appeal, in exchange for ordinary civil procedure. The procedure is set by MCL 600.8408(4).

Attorneys are barred from the hearing itself. MCL 600.8408(1) prohibits any attorney from filing, prosecuting, or defending a small claims case unless the attorney is appearing on the attorney’s own behalf. Both parties may consult counsel before the hearing, but the courtroom appearance has to be made by the party personally, or by an officer or employee with direct knowledge for an entity.

What if you can’t afford the filing fee

A plaintiff with low income can ask the court to waive the filing fee using SCAO form MC 20, Fee Waiver Request. The court evaluates eligibility based on income, household, and receipt of public benefits. Filing the waiver request at the same time as the Affidavit and Claim prevents the case from being rejected for non-payment while the request is pending.

A waiver covers the $25, $45, or $65 filing fee depending on the claim amount. It does not cover later post-judgment fees like the $15 writ-of-execution fee, the $15 garnishment fee, or the cost of personal service by a sheriff. A plaintiff whose financial circumstances change during the case can ask the court to reconsider eligibility for those later fees.