How does small claims court work in Michigan?
1. Jurisdictional Limit
MCL 600.8401(2) caps Small Claims Division jurisdiction at $7,000 — increased from $6,500 in 2024.
2. Court Name
Small Claims Division of the District Court (38th District Court etc.).
3. Filing Fee
Filing fees scale with the claim: $30 (up to $600), $50 ($600.01-$1,750), $70 (over $1,750), plus $25 service per defendant. Fee waivers are available under MCR 2.002 for indigent filers via an Affidavit and Order Suspending Fees and Costs.
4. Filing the Claim
File an Affidavit and Claim (Form DC 84) in the district court where the defendant resides, is established for business, or where the cause of action arose (MCL 600.8412). Service is by certified mail by the court clerk or, if unsuccessful, by the bailiff or sheriff.
5. Defendant's Response
Defendants may either appear and defend, file a counterclaim within the $7,000 limit, or — critically — demand removal to the general civil docket of the District Court within 7 days before the hearing (MCL 600.8408(1)). Removal eliminates the attorney bar and informal procedures.
6. Attorney Representation
MCL 600.8408(1) prohibits attorneys, paralegals, and other representatives from appearing on behalf of any party in the Small Claims Division. Both sides represent themselves. If a party wants counsel, they must demand removal to the regular docket.
7. Hearing
The magistrate conducts an informal hearing — the Michigan Rules of Evidence do not apply (MCL 600.8411). The magistrate may grant judgment immediately.
8. Judgment & Collection
Either party may appeal to the Circuit Court within 7 days for a trial de novo (MCL 600.8427), but only after first requesting the magistrate's decision in writing. Collection tools include garnishment of wages, bank accounts, and tax refunds under MCR 3.101, writs of execution, and judgment liens recorded under MCL 600.2807.
9. Statute of Limitations
Standard SOLs apply: 6 years for contracts (MCL 600.5807(9)), 3 years for personal injury and property damage (MCL 600.5805(2)), and 6 years for fraud (MCL 600.5813).
This is legal information, not legal advice.
- You want attorney representation — you must demand removal to the District Court general civil docket
- The defendant has removed the case to the general docket, where formal rules and discovery now apply
- Your claim exceeds $7,000 and must be filed directly on the general District Court civil docket
- MCL 600.8401-600.8427
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.