Michigan Answer to a Complaint
Answer a Michigan complaint within 21 days if served in-state, 28 by mail or out of state, under MCR 2.108. DocDraft drafts it, attorney review available.
Introduction
A Michigan Answer to a Complaint is the written response you serve and file after you are served with a civil summons and complaint in the District Court or Circuit Court named in the caption. It admits or denies each numbered allegation, states the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Under MCR 2.108(A)(1), you have 21 calendar days to answer when you are served personally in Michigan, and 28 calendar days when you are served outside Michigan or by registered mail. You can answer on the State Court Administrative Office form MC 03 (Answer, Civil) or by a typed pleading that complies with MCR 1.109(D). There is no fee to file an answer, and if you cannot afford other court costs you can request a waiver on form MC 20. File with the clerk of the court named in the summons and serve a copy on the plaintiff or the plaintiff's attorney under MCR 2.107. If you do nothing within the time allowed, the plaintiff can ask for a default judgment for the relief demanded in the complaint under MCR 2.603. DocDraft drafts a Michigan-formatted answer from your facts, with attorney review available before you file.
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Key Things to Know
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Your deadline depends on how you were served. Under MCR 2.108(A)(1), you have 21 calendar days to answer if you were served personally in Michigan, and 28 calendar days if you were served outside Michigan or by registered mail. Count carefully from the date of service.
- 2
The deadline differs by case type. The 21 or 28 day window applies to a general civil complaint and to a family dissolution response under MCR 3.203(A). A small claims case requires no written answer because you appear at the hearing, and an eviction (summary proceedings) case requires you to appear and answer by the date on the summons under MCR 4.201.
- 3
You can use SCAO form MC 03. You may answer on the State Court Administrative Office form MC 03 (Answer, Civil) or file a typed pleading that meets the caption and formatting rules of MCR 1.109(D).
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You file in District or Circuit Court. A general civil case is filed in the District Court for amounts up to $25,000 or the Circuit Court for amounts over $25,000. File the answer with the clerk of the court named in the summons.
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There is no fee to file an answer. Filing an answer in Michigan costs $0. If you cannot afford other court costs, you can request a fee waiver on form MC 20 based on public assistance, household income below 125% of the federal poverty guidelines, or financial hardship.
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You must serve the plaintiff. After filing, serve a copy of the answer on the plaintiff or the plaintiff's attorney under MCR 2.107. Electronic service is generally required if the case is subject to e-filing, otherwise serve by mail or personal delivery.
- 7
Raise defenses and any counterclaim in the answer. Common affirmative defenses include the statute of limitations, payment, release, res judicata, and fraud. The limitations period on a written contract is six years under MCL 600.5807. If you raise a counterclaim, MCR 2.203(A) requires you to join all claims against that party arising from the same transaction or occurrence.
Key decisions before you file
Before you file a Answer to a Complaint in Michigan, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.
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Michigan Requirements for Answer to a Complaint
21 or 28 Day Answer Deadline
Under MCR 2.108(A)(1), serve and file your answer within 21 calendar days after being served with the summons and complaint in Michigan, or within 28 calendar days if you were served outside Michigan or by registered mail. Confirm which window applies before you count your deadline.
MC 03 Form or Compliant Pleading
Answer on the State Court Administrative Office form MC 03 (Answer, Civil), or file a typed pleading that complies with MCR 1.109(D). Respond to each numbered allegation in the complaint.
District or Circuit Court Caption
Use the caption of the court named in the summons. A general civil case is in the District Court for amounts up to $25,000 or the Circuit Court for amounts over $25,000. Match the caption format to MCR 1.109(D).
File With the Court Clerk
File the answer with the clerk of the court named in the caption of the summons. Attorneys must e-file using MiFILE, while self-represented litigants may e-file but it is generally optional unless a specific court requires it under MCR 1.109(G)(3)(f).
Serve the Plaintiff
After filing, serve a copy of the answer on the plaintiff or the plaintiff's attorney under MCR 2.107. Electronic service is generally required if the case is subject to e-filing, otherwise serve by mail or personal delivery.
No Filing Fee or MC 20 Waiver
There is no fee to file an answer in Michigan. If you cannot afford other court costs, request a waiver on form MC 20 (Fee Waiver Request) based on means-tested public assistance, household income below 125% of the federal poverty guidelines, or financial hardship.
Applicable Affirmative Defenses
State the affirmative defenses you intend to rely on. Common defenses include the statute of limitations, payment, release, res judicata, and fraud. The limitations period on a written contract is six years under MCL 600.5807.
Counterclaim If Any
If you have a claim against the plaintiff, raise it as a counterclaim in your answer. Under MCR 2.203(A), Michigan applies a compulsory joinder rule, so if you raise a counterclaim you must join all claims against that party arising from the same transaction or occurrence.