Does Michigan require a demand letter before I can sue?

No general statute requires it. The Michigan Consumer Protection Act's private right of action, MCL 445.911(1)-(2), lets a person sue directly for actual damages or $250, whichever is greater, plus attorney's fees, with no textual requirement that the seller first receive notice or a chance to cure. A demand letter is still useful because it can resolve the dispute and documents that you tried before filing suit.

What happens if I skip the written demand for a Michigan dishonored check?

You can still sue for the check amount itself without ever sending a demand, since Michigan Compiled Laws Section 600.2952 makes the written demand optional. But without it, and without the check writer missing both the 7-day and 30-day payment windows, you lose access to the enhanced civil damages and costs under Section 600.2952(4).

How much can I sue for in Michigan small claims court?

The small claims division of the Michigan district court hears claims up to $7,000, effective January 1, 2024, under MCL 600.8401(1)(e). Attorneys generally cannot take part in a small claims case except on their own behalf, though a business may be represented by an officer or employee with direct, personal knowledge of the facts, under MCL 600.8408(1)-(2).

How long do I have to sue on a debt in Michigan?

It depends on the claim. Michigan gives 6 years to sue on a written or oral contract, or an open account, under MCL 600.5807(9) and 600.5813, but only 3 years for damage to property under MCL 600.5805(2). A sale-of-goods claim under the Uniform Commercial Code has a shorter 4-year period under MCL 440.2725(1).

Can I add interest to my Michigan demand letter?

Where you and the other party did not agree on a rate, Michigan Compiled Laws Section 438.31 sets a default legal interest rate of 5 percent per year, and lets parties agree in writing to a rate of up to 7 percent per year. If the dispute reaches a money judgment, interest on that judgment is calculated separately under Section 600.6013(8), running from the date a complaint is filed rather than from the date of a demand letter.

Do I need a lawyer to send a demand letter in Michigan?

No. You can write and send your own demand letter in Michigan. If your dispute goes to Michigan small claims court, attorneys generally cannot take part except on their own behalf, under MCL 600.8408(1). Having an attorney review your letter before you send it can still strengthen the wording.

Where do Michigan's rules for a security deposit or final paycheck demand apply instead of this letter?

Security deposit and final paycheck disputes follow their own Michigan rules, covered on separate demand letter pages for those claim types rather than in this general demand letter.

Michigan Demand Letter

Q: How does Michigan's dishonored-check demand work?

Under Michigan Compiled Laws Section 600.2952, you may send a written demand for a dishonored check by ordinary first-class mail, not certified mail. The check writer then has 7 days, not counting weekends and holidays, after mailing to pay the check amount plus a $25 fee, or 30 days after mailing to pay the check amount plus a $35 fee, both counted from the date the demand was mailed. If neither window is met and the check writer does not pay in cash before trial, Section 600.2952(4) lets you recover civil damages of 2 times the check amount or $100, whichever is greater, plus $250 in costs. Section 600.2952(2) sets the exact statutory wording a demand must use to preserve that right.

Q: Does Michigan's Regulation of Collection Practices Act apply to a business collecting its own debt?

Yes. Unlike acts that cover only third-party collection agencies, Michigan Compiled Laws Section 445.251(1)(g) also covers a business collecting its own debt incurred for personal, family, or household purposes. It bars threatening arrest or property seizure over nonpayment, simulating judicial process, and misrepresenting the debtor's legal exposure, and for a willful violation the court may assess a civil fine of at least 3 times actual damages, or $150, and must award the debtor's attorney's fees and court costs, under Section 445.257(2).

This letter applies Michigan's dishonored-check demand statute, its Regulation of Collection Practices Act, and its small claims, interest, and limitations rules.

Find out where you stand in Michigan

What is this demand about?

DocDraft provides document preparation, not legal advice.

Introduction

Michigan does not require a pre-suit consumer notice before you sue under the Michigan Consumer Protection Act, and it has no general statute requiring you to present a claim before recovering attorney's fees. But if your claim involves a dishonored check, Michigan Compiled Laws Section 600.2952 lets you send a written demand by ordinary first-class mail, not certified mail, and gives the check writer two windows to pay in cash and avoid enhanced damages: 7 days, not counting weekends and holidays, after the demand is mailed for the check amount plus a $25 fee, or 30 days after mailing for the check amount plus a $35 fee, both counted from the date the demand was mailed, not received. If the check writer misses both windows and does not pay in cash before trial, you can recover civil damages of 2 times the check amount or $100, whichever is greater, plus $250 in costs, under Section 600.2952(4); the statute itself sets the exact wording a demand must use to preserve that right. Separately, Michigan's Regulation of Collection Practices Act, MCL 445.251-445.258, applies to a business collecting its own debt for personal, family, or household purposes, not only to third-party collection agencies, and bars threatening arrest or property seizure over nonpayment, simulating judicial process, and misrepresenting the debtor's legal exposure; for a willful violation the court may assess a civil fine of at least 3 times actual damages, or $150, and must award the debtor's attorney's fees and court costs, under Section 445.257(2). If your dispute involves a security deposit or a final paycheck, Michigan applies separate rules to those claims, covered on their own demand letter pages rather than repeated here. DocDraft builds your Michigan demand letter from your facts and your deadline, with attorney review available before you send it.

Key Things to Know

1
Michigan's dishonored-check demand statute, MCL 600.2952, lets you send a written demand by ordinary first-class mail, not certified mail, giving the check writer 7 days, not counting weekends and holidays, after mailing to pay the check amount plus a $25 fee, or 30 days after mailing to pay the check amount plus a $35 fee, both counted from the date the demand was mailed, not received. Missing both windows lets you recover civil damages of 2 times the check amount or $100, whichever is greater, plus $250 in costs, unless the check writer pays in cash before trial, but the statute sets its own required wording for that demand.
2
Michigan's Regulation of Collection Practices Act, MCL 445.251-445.258, reaches a business collecting its own debt for personal, family, or household purposes, not just third-party collection agencies, and for a willful violation the court may assess a civil fine of at least 3 times actual damages, or $150, and must award the debtor's attorney's fees and court costs, under Section 445.257(2).
3
No Michigan statute requires a pre-suit notice before you sue under the Michigan Consumer Protection Act, MCL 445.911, and Michigan has no general presentment statute for ordinary contract or account claims; MCL 600.2145, the open-account affidavit statute, contains no attorney's-fee award.
4
Michigan's small claims division of the district court hears claims up to $7,000, effective January 1, 2024 (MCL 600.8401(1)(e)), and generally bars attorneys from taking part, with narrow exceptions; a business may instead be represented by an officer or employee with direct, personal knowledge of the facts.
5
Mind Michigan's statute of limitations: 6 years to sue on a written or oral contract or an open account (MCL 600.5807(9) and 600.5813), 3 years for property damage (MCL 600.5805(2)), and only 4 years for a sale-of-goods claim under the Uniform Commercial Code (MCL 440.2725(1)).
6
Michigan Compiled Laws Section 438.31 sets a default legal interest rate of 5 percent per year where the parties did not agree on one, and allows a written agreement of up to 7 percent per year; interest on a money judgment instead runs from the date a complaint is filed, under Section 600.6013(8).
7
Keep the tone firm and factual, not threatening. Do not threaten arrest, jail, or criminal prosecution to collect a civil debt; Michigan's Regulation of Collection Practices Act separately bars threatening arrest or property seizure over nonpayment of a personal, family, or household debt (MCL 445.252(f)).

Key decisions before you file

Before you file a Demand Letter in Michigan, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.

Open the Demand Letter guide

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[YOUR NAME] [YOUR ADDRESS] [CITY, MICHIGAN ZIP] [EMAIL] [PHONE]

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[RECIPIENT NAME] [RECIPIENT ADDRESS] [CITY, MICHIGAN ZIP]

Re: Demand for Payment - [INVOICE, CONTRACT, OR CHECK NUMBER]

Dear [RECIPIENT NAME]:

This letter is a formal demand regarding [MATTER: UNPAID INVOICE, DISHONORED CHECK, BREACHED AGREEMENT, OR UNPERFORMED WORK].

STATEMENT OF FACTS

On [DATE], [WHAT HAPPENED, IN PLAIN CHRONOLOGICAL ORDER]. [ADDITIONAL FACTS, INCLUDING ANY RELEVANT DATES]. Copies of the invoice, contract, or dishonored check are enclosed with this letter.

AMOUNT DEMANDED

You currently owe me $[AMOUNT], consisting of [PRINCIPAL AMOUNT] plus interest as described below, if any applies. [ACTION REQUIRED, IF THIS IS NOT A MONEY DEMAND].

IF THIS DEMAND CONCERNS A DISHONORED CHECK [IF APPLICABLE: check was returned unpaid]

You issued check number [CHECK NUMBER] in the amount of $[CHECK AMOUNT], which was dishonored, and I ask that you pay the check amount by the deadline below. Michigan Compiled Laws Section 600.2952(2) sets its own statutory form for a dishonored-check demand, and this paragraph is not that statutory demand.

INTEREST

Where the parties did not agree on a rate, Michigan Compiled Laws Section 438.31 sets a default legal interest rate of 5 percent per year; parties may instead agree in writing to a rate of up to 7 percent per year. If this dispute results in a money judgment, Section 600.6013(8) calculates interest on that judgment separately, at 6-month intervals, at a rate equal to 1 percent plus the average interest rate paid at auctions of 5-year United States Treasury notes during the preceding 6 months, compounded annually, running from the date a complaint is filed, not from the date of this letter.

DEMAND AND DEADLINE

I demand payment of the full amount, or completion of the action described above, no later than [DEADLINE DATE], which is [NUMBER] days from the date of this letter. Payment may be made by [PAYMENT METHOD].

CONSEQUENCES IF YOU DO NOT RESPOND

If I do not receive payment or a response by the deadline, I intend to pursue all available legal remedies, including filing a claim in the small claims division of the Michigan district court, which hears claims up to $7,000, under MCL 600.8401(1)(e). I may bring this claim within Michigan's applicable limitations period: 6 years on a written or oral contract or an open account (MCL 600.5807(9) and 600.5813), 3 years for property damage (MCL 600.5805(2)), or 4 years for a sale-of-goods claim under the Uniform Commercial Code (MCL 440.2725(1)). This letter may be presented to the court as evidence that I sought to resolve this matter before filing suit.

I would prefer to resolve this without litigation and am willing to discuss a reasonable resolution if you contact me before the deadline.

Sincerely,

[SIGNATURE] [YOUR NAME]

Enclosures: [INVOICES, CONTRACTS, PHOTOS, OR OTHER RECORDS]

Note: This letter is drawn from Michigan Compiled Laws Section 600.2952 (dishonored check demand), Sections 445.251-445.258 (Regulation of Collection Practices Act), Section 438.31 and Section 600.6013 (interest), Section 600.8401 (small claims), and Sections 600.5807, 600.5813, 600.5805, and 440.2725 (limitations periods).

Michigan Requirements for Demand Letter

Bad-Check Demand Unlocks Enhanced Damages
Under Michigan Compiled Laws Section 600.2952(4), if the maker of a dishonored check fails to pay after a written demand and misses the statutory cure windows, the maker is liable for the check amount, civil damages of 2 times the check amount or $100, whichever is greater, and $250 in costs, but Section 600.2952(5) bars those damages and costs if the maker pays in cash before trial. Without a demand, only the check amount is owed; if the maker pays within the demand windows, the maker owes the check amount plus the $25 or $35 fee, not civil damages or costs.
First-Class Mail Bad-Check Demand Clock
Michigan Compiled Laws Section 600.2952(2) lets a bad-check demand be sent by ordinary first-class mail rather than certified mail, and its two payment windows, 7 days, not counting weekends and holidays, for the check amount plus a $25 fee or 30 days for the check amount plus a $35 fee, run from the date the demand was mailed, not received. The statute sets its own required wording for the demand, so this general letter is not that statutory demand.
Collection Practices Act Covers Original Creditors
Michigan Compiled Laws Section 445.251(1)(g) extends collection-conduct limits to a business collecting its own debt incurred for personal, family, or household purposes, not only to third-party collection agencies. Prohibited conduct under Section 445.252 includes threatening arrest or property seizure over nonpayment, simulating judicial process, and misrepresenting the debtor's legal exposure.
Willful Violation Can Bring a Civil Fine
Under Michigan Compiled Laws Section 445.257(2), if the court finds a willful violation of the Regulation of Collection Practices Act, it may assess a civil fine of at least 3 times actual damages, or $150, whichever is greater, and must award the debtor's reasonable attorney's fees and court costs.
No MCPA Pre-Suit Notice Requirement
The Michigan Consumer Protection Act's private right of action, MCL 445.911(1)-(2), lets a person sue directly for actual damages or $250, whichever is greater, plus attorney's fees, with no textual requirement that the seller first be notified or given a chance to cure.
No General Attorney's-Fee Presentment Statute
Michigan Compiled Laws Section 600.2145 is limited to an evidentiary affidavit procedure for open-account and account-stated claims and contains no attorney's-fee award or presentment requirement.
Small Claims Limit and No-Attorney Rule
The small claims division of the Michigan district court hears claims up to $7,000, effective January 1, 2024, under MCL 600.8401(1)(e), and generally bars attorneys from taking part except on their own behalf, under MCL 600.8408(1); a business may instead be represented by an officer or employee with direct, personal knowledge of the facts, under MCL 600.8408(2).
Statute of Limitations by Claim Type
Michigan gives 6 years to sue on a written or oral contract or an open account, under MCL 600.5807(9) and 600.5813, 3 years for damage to property, under MCL 600.5805(2), and a shorter 4 years for a sale-of-goods claim under the Uniform Commercial Code, under MCL 440.2725(1).
Statutory Interest Rate and Judgment Formula
Michigan Compiled Laws Section 438.31 sets a default legal interest rate of 5 percent per year where the parties did not agree on a rate, and allows a written agreement of up to 7 percent per year. Interest on a money judgment is instead calculated under Section 600.6013(8) from the date a complaint is filed, not from the date of a demand letter.

Find out where you stand in Michigan

Introduction

Key Things to Know

Key decisions before you file

Customize your Demand Letter Template with DocDraft

Michigan Requirements for Demand Letter

Bad-Check Demand Unlocks Enhanced Damages

First-Class Mail Bad-Check Demand Clock

Collection Practices Act Covers Original Creditors

Willful Violation Can Bring a Civil Fine

No MCPA Pre-Suit Notice Requirement

No General Attorney's-Fee Presentment Statute

Small Claims Limit and No-Attorney Rule

Statute of Limitations by Claim Type

Statutory Interest Rate and Judgment Formula

Frequently Asked Questions