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Michigan Answer to a Complaint

Michigan gives you 21 calendar days to answer a complaint served in-state, 28 days if served by mail or outside Michigan (MCR 2.108), or risk default.

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

  1. 1

    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. 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. 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).

  4. 4

    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.

  5. 5

    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.

  6. 6

    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. 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

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF MICHIGAN\nIN THE [DISTRICT / CIRCUIT] COURT FOR THE COUNTY OF [COUNTY]\n\n[PLAINTIFF NAME], Plaintiff,\n v. Case No. [CASE NUMBER]\n[DEFENDANT NAME], Defendant.\n\nANSWER TO COMPLAINT (Civil)\n\n(You may file on State Court Administrative Office form MC 03 (Answer, Civil) or as a typed pleading that complies with MCR 1.109(D). The caption above must match the summons.)\n\nDefendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.\n\nRESPONSES TO ALLEGATIONS\n1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks knowledge or information sufficient to form a belief as to the truth of the allegation and therefore denies it].\n2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks knowledge or information sufficient to form a belief and therefore denies it].\n[Continue for each numbered paragraph of the Complaint.]\n\nAFFIRMATIVE DEFENSES\nFirst Affirmative Defense: [for example, the claim is barred by the six-year statute of limitations on a written contract under MCL 600.5807].\nSecond Affirmative Defense: [for example, payment, release, res judicata, or fraud].\n[Add each affirmative defense you intend to rely on.]\n\nCOUNTERCLAIM (if any)\n[State any claim you have against the Plaintiff. Under MCR 2.203(A), if you raise a counterclaim you must join all claims you have against that party arising from the same transaction or occurrence.]\n\nRELIEF REQUESTED\nWHEREFORE, Defendant asks the Court to deny the relief sought in the Complaint, enter judgment in Defendant's favor, award costs, and grant any further relief the Court considers just.\n\nDated: [DATE] [SIGNATURE]\n[DEFENDANT NAME], Defendant\n[ADDRESS / PHONE / EMAIL]\n\nPROOF OF SERVICE\nI certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [electronic service / mail / personal delivery] under MCR 2.107.\n[SIGNATURE]

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.

Frequently Asked Questions

Under MCR 2.108(A)(1), you must 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. The deadline is different in other case types. A small claims case requires no written answer because you appear at the hearing, and an eviction case requires you to appear and answer by the date on the summons under MCR 4.201. Missing your deadline can lead to a default judgment.

You can use the State Court Administrative Office form MC 03 (Answer, Civil), or you can file a typed pleading that complies with the caption and formatting requirements of MCR 1.109(D). Either way, the answer should respond to each numbered allegation in the complaint and state any affirmative defenses you intend to rely on.

File the answer with the clerk of the court named in the caption of 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. 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).

There is no fee to file an answer in Michigan. If you cannot afford other court costs, you can ask the court to waive them by filing form MC 20 (Fee Waiver Request), based on receipt of means-tested public assistance, gross household income below 125% of the federal poverty guidelines, or financial hardship.

If you do not answer or take other action within the time allowed, the plaintiff can ask the court to enter a default and a judgment against you for the relief demanded in the complaint under MCR 2.603. You may be able to set the default aside by filing a Motion to Set Aside Default (Form MC 99) within 21 days after the default judgment was entered, by showing good cause and filing an affidavit of facts showing a meritorious defense under MCR 2.603(D). Filing on time is the reliable path.

Yes. You can raise a counterclaim against the plaintiff in your answer. Under MCR 2.203(A), Michigan applies a compulsory joinder rule, so if you choose to raise a counterclaim you must join all other claims you have against that opposing party that arise from the same transaction or occurrence.