How to Respond to a Lawsuit in Michigan: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. Michigan. Last updated 2026-06-02
In Michigan, a defendant served with a summons and complaint must act fast. Under MCR 2.108(A)(1), you must serve and file an answer or take other permitted action within 21 calendar days after being served in Michigan, or within 28 calendar days if you were served outside Michigan or by registered mail. The window changes by track. A small claims case in the Small Claims Division of the District Court requires no written answer at all. You appear at the hearing instead, though you may file a written response before the hearing date. In an eviction (summary proceedings) case under MCR 4.201, you must appear and answer the complaint by the date printed on the summons. A response to a divorce or family petition follows the same 21-day rule under MCR 3.203(A) and MCR 2.108(A)(1). If you miss your deadline, the plaintiff can take a default and then a default judgment against you under MCR 2.603, which you can later move to set aside, generally within 21 calendar days after the default judgment is entered.
How long do I have to respond to a lawsuit in Michigan?
It depends on how you were served. For a general civil case, MCR 2.108(A)(1) gives you 21 calendar days after being served with the summons and complaint in Michigan, or 28 calendar days if you were served outside Michigan or by registered mail. In an eviction case under MCR 4.201, you answer by the date printed on the summons. In small claims, no written answer is required and you appear at the scheduled hearing instead.
How do I respond to a summons in Michigan?
You respond by serving and filing a written answer with the clerk of the court named in the caption of the summons, then serving a copy on the plaintiff or the plaintiff's attorney under MCR 2.107. Self-represented defendants may file on paper or use MiFILE, while attorneys must e-file. The answer responds to each paragraph of the complaint and states your affirmative defenses.
What happens if I don't answer a summons in Michigan?
If you do not answer or take other action within the time allowed, the Michigan summons (Form MC 01) warns that judgment may be entered against you for the relief demanded in the complaint. The plaintiff can take a default and then a default judgment under MCR 2.603. You may move to set the default judgment aside, generally within 21 calendar days after it is entered, by showing good cause and a meritorious defense.
Can I answer a summons without a lawyer in Michigan?
Yes. Self-represented defendants can file an answer themselves using SCAO-approved Form MC 03 (Answer, Civil) or a typed pleading that complies with MCR 1.109(D). File it with the clerk of the court named in the summons, serve the plaintiff, and note that Michigan charges no fee to file an answer. A fee-waiver request (Form MC 20) is available for other court costs if you qualify.
Michigan response framework at a glance
Michigan starts with one core deadline and then splits by track. Under MCR 2.108(A)(1), a defendant must serve and file an answer or take other permitted action within 21 calendar days after being served with the summons and complaint in Michigan, in the manner provided in MCR 2.105(A)(1). That window stretches to 28 calendar days if you were served outside Michigan or by registered mail, so confirm how you were served before you calendar the date. The court track depends on the amount in controversy. The District Court hears civil cases up to $25,000 and the Circuit Court hears cases over $25,000, while the Small Claims Division of the District Court handles claims up to $7,000 (a cap effective January 1, 2024). Small claims is the exception to the written-answer rule. Under MCR 4.304(A) you are not required to file a written answer; you appear at the hearing, though you may file a written response beforehand. Eviction (summary proceedings) is faster still. Under MCR 4.201 you must appear and answer the complaint by the date on the summons, not on a fixed day count. Family and divorce responses follow the same 21-day rule under MCR 3.203(A). Answers are filed with the clerk of the court named in the caption and served on the plaintiff under MCR 2.107. The Michigan Courts self-help site at courts.michigan.gov publishes the Michigan Court Rules, the SCAO-approved forms, and the fee-waiver request defendants need.
Court Resources
Michigan Courts. Self-Help and Court Forms
The Michigan judicial branch self-help portal, with SCAO-approved civil forms, the Michigan Court Rules, and guidance for self-represented defendants on answering a complaint and filing with the correct court.
Answer, Civil (Form MC 03)
The official SCAO-approved fillable answer form a self-represented defendant can use to respond to a civil complaint, formatted to comply with MCR 1.109(D).
Fee Waiver Request (Form MC 20)
The SCAO-approved request to waive court fees and costs, available to defendants who receive means-tested public assistance, have household income below 125 percent of the federal poverty guidelines, or can show financial hardship.
Relevant Laws
MCR 2.108(A)(1) (Time to Serve and File an Answer)
Requires a defendant to serve and file an answer or take other permitted action within 21 calendar days after being served with the summons and complaint in Michigan, or within 28 calendar days if served outside Michigan or by registered mail. This is the standard general civil and family answer deadline.
MCR 4.304(A) (Small Claims Hearing)
Provides that small claims cases are heard when the parties appear, so a defendant in the Small Claims Division of the District Court is not required to file a written answer and instead responds by appearing at the hearing.
MCR 4.201 (Summary Proceedings / Eviction Answer)
Governs landlord-tenant summary proceedings and directs the defendant to appear and answer the complaint by the date printed on the summons, a short window set on the summons rather than a fixed day count.
MCR 2.603 (Default and Default Judgment)
Authorizes the plaintiff to take a default and default judgment when a defendant fails to answer in time, and sets the standard for setting aside a default judgment on a showing of good cause and an affidavit of a meritorious defense, generally within 21 calendar days after the judgment is entered.
MCR 2.203(A) (Compulsory Joinder of Claims)
Requires that a party who pleads a counterclaim join all other claims against that opposing party arising from the same transaction or occurrence, so a defendant raising a counterclaim cannot split related claims.
MCR 1.109(D) (Form and Caption of Pleadings)
Sets the formatting and caption requirements for Michigan pleadings, the standard a typed answer must meet if a defendant does not use SCAO-approved Form MC 03 (Answer, Civil).
MCL 600.5807 (Six-Year Limitations on Contracts)
Sets a six-year statute of limitations for actions on a written contract, a common affirmative defense in Michigan debt-collection lawsuits when the claim is stale.
Regional Variances
Answer deadline by case track in Michigan
General civil case (MCR 2.108(A)(1))
Written answer due within 21 calendar days of service in Michigan, or 28 calendar days if served outside Michigan or by registered mail. This is the default District Court and Circuit Court deadline and the one most defendants are working against.
Small claims (MCR 4.304(A))
No written answer is required. The defendant appears at the scheduled hearing in the Small Claims Division of the District Court, which hears claims up to $7,000, and may file an optional written response before the hearing date.
Eviction / summary proceedings (MCR 4.201)
The defendant must appear and answer the complaint by the date printed on the summons. This is a short, summons-driven window rather than a 21-day count, so the appearance date must be calendared immediately.
Divorce / family response (MCR 3.203(A))
Same 21-day rule as a general civil case (28 calendar days if served outside Michigan or by registered mail). Missing it can let the divorce or family matter proceed by default.
Which Michigan court hears your case, by amount
Small Claims Division of the District Court
Hears claims up to $7,000 (a cap effective January 1, 2024). No written answer is required; the defendant appears at the hearing. There is no fee to file an answer because none is required.
District Court (general civil)
Hears civil cases up to $25,000. A written answer is due under the MCR 2.108(A)(1) deadline of 21 calendar days (28 if served outside Michigan or by registered mail), and Michigan charges no fee to file the answer.
Circuit Court
Hears civil cases over $25,000 and is the general-jurisdiction trial court. The same MCR 2.108(A)(1) answer deadline applies, and attorneys must e-file through MiFILE under MCR 1.109(G)(3)(f).
Suggested Compliance Checklist
Calculate your answer deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your case. For a general civil or family case, count 21 calendar days from service in Michigan, or 28 calendar days if you were served outside Michigan or by registered mail, under MCR 2.108(A)(1). In an eviction case, you must appear and answer by the date on the summons under MCR 4.201. In small claims, no written answer is required and you appear at the hearing. Mark the exact date on a calendar.
Identify your court and case track
Within 2 days of service days after startingRead the summons to confirm whether your case is in the Small Claims Division, the District Court, or the Circuit Court, and whether it is general civil, eviction, or family. Small claims is capped at $7,000, the District Court hears claims up to $25,000, and the Circuit Court hears claims over $25,000. The track decides your deadline and where the answer is filed, which is the clerk of the court named in the caption.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as statute of limitations, payment, release, res judicata, or fraud. In debt cases, check the six-year written-contract limitations period under MCL 600.5807. If you have a claim against the plaintiff from the same transaction or occurrence, the compulsory joinder rule under MCR 2.203(A) requires you to join your related claims when you plead a counterclaim.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each paragraph of the complaint and state your affirmative defenses. You can use SCAO-approved Form MC 03 (Answer, Civil) or type a pleading that complies with MCR 1.109(D), with the court, parties, and case number in the caption.
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile with the clerk of the court named in the caption of the summons. Attorneys must e-file through MiFILE under MCR 1.109(G)(3)(f); self-represented defendants may e-file or file on paper, in person or by mail, unless a specific court requires e-filing. Michigan charges no fee to file an answer.
Serve the plaintiff with a copy of your answer
With or promptly after filing days after startingServe a copy of the filed 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. Keep proof of how and when you served it.
Request a fee waiver if you cannot afford court costs
At the time of filing days after startingFiling an answer is free in Michigan, but if other court costs apply and you receive means-tested public assistance, have household income below 125 percent of the federal poverty guidelines, or can show financial hardship, file a Fee Waiver Request (Form MC 20). Submitting it lets the court waive or suspend costs while it reviews your eligibility.
Appear at the hearing or case event set by the court
As set by the court or summons days after startingCalendar every date the court sets. In a small claims case this is essential, because no written answer is required and you respond by appearing at the hearing under MCR 4.304(A). In an eviction case, you must appear and answer by the date on the summons under MCR 4.201. Bring your evidence and a copy of any answer you filed. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your answer deadline from the date you were served | Find the deadline that matches your case. For a general civil or family case, count 21 calendar days from service in Michigan, or 28 calendar days if you were served outside Michigan or by registered mail, under MCR 2.108(A)(1). In an eviction case, you must appear and answer by the date on the summons under MCR 4.201. In small claims, no written answer is required and you appear at the hearing. Mark the exact date on a calendar. | - | Day 0 (date of service) |
| Identify your court and case track | Read the summons to confirm whether your case is in the Small Claims Division, the District Court, or the Circuit Court, and whether it is general civil, eviction, or family. Small claims is capped at $7,000, the District Court hears claims up to $25,000, and the Circuit Court hears claims over $25,000. The track decides your deadline and where the answer is filed, which is the clerk of the court named in the caption. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as statute of limitations, payment, release, res judicata, or fraud. In debt cases, check the six-year written-contract limitations period under MCL 600.5807. If you have a claim against the plaintiff from the same transaction or occurrence, the compulsory joinder rule under MCR 2.203(A) requires you to join your related claims when you plead a counterclaim. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each paragraph of the complaint and state your affirmative defenses. You can use SCAO-approved Form MC 03 (Answer, Civil) or type a pleading that complies with MCR 1.109(D), with the court, parties, and case number in the caption. | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the correct court | File with the clerk of the court named in the caption of the summons. Attorneys must e-file through MiFILE under MCR 1.109(G)(3)(f); self-represented defendants may e-file or file on paper, in person or by mail, unless a specific court requires e-filing. Michigan charges no fee to file an answer. | - | On or before the answer deadline |
| Serve the plaintiff with a copy of your answer | Serve a copy of the filed 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. Keep proof of how and when you served it. | - | With or promptly after filing |
| Request a fee waiver if you cannot afford court costs | Filing an answer is free in Michigan, but if other court costs apply and you receive means-tested public assistance, have household income below 125 percent of the federal poverty guidelines, or can show financial hardship, file a Fee Waiver Request (Form MC 20). Submitting it lets the court waive or suspend costs while it reviews your eligibility. | - | At the time of filing |
| Appear at the hearing or case event set by the court | Calendar every date the court sets. In a small claims case this is essential, because no written answer is required and you respond by appearing at the hearing under MCR 4.304(A). In an eviction case, you must appear and answer by the date on the summons under MCR 4.201. Bring your evidence and a copy of any answer you filed. Attorney review is available as an option before you file if your case involves a short eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court or summons |
Frequently Asked Questions
An answer responds to the plaintiff's complaint paragraph by paragraph, admitting, denying, or stating you lack information to answer, and it must also raise your affirmative defenses. You can use SCAO-approved Form MC 03 (Answer, Civil) or type your answer as a pleading that complies with MCR 1.109(D), with the court, parties, and case number in the caption. File it with the clerk of the court named in the summons.
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. If you were served outside Michigan or by registered mail, the deadline is 28 calendar days instead. Count calendar days, not business days, and confirm your method of service before you mark the date, because that is what decides whether you have 21 or 28 days.
No. Small claims cases in the Small Claims Division of the District Court, which hears claims up to $7,000, do not require a written answer. Under MCR 4.304(A), if the parties appear the court hears the claim, so your job is to show up at the scheduled hearing. You may file a written response before the hearing date, but appearing is what protects you from losing by default.
Eviction cases move on the summons, not a flat day count. Under MCR 4.201, you must appear and answer the complaint by the date printed on the summons in summary proceedings. That date is short, so read the summons carefully the day you receive it and calendar the appearance date immediately. Appearing on that date is essential, because missing it can lead to a judgment of possession against you.
If you do not answer in time, the plaintiff can take a default and then a default judgment under MCR 2.603 for the relief demanded in the complaint. You can move to set the default judgment aside under MCR 2.603(D), generally within 21 calendar days after the judgment is entered. The court can grant it if you show good cause and file an affidavit of facts showing a meritorious defense. Form MC 99 is the motion to set aside default.
Sometimes. Parties often agree in writing to extend the answer date, and you can ask the court for more time, but neither is guaranteed. The safest move is to file your answer by the 21-day (or 28-day) deadline to stop the default clock, then address any extension. The time to answer keeps running until an answer is on file, so do not wait on an informal promise of more time.
Michigan charges no fee to file an answer, but if you face other court costs you can file a Fee Waiver Request (Form MC 20). You qualify if you receive means-tested public assistance, your gross household income is below 125 percent of the federal poverty guidelines, or you can show financial hardship. Filing the request lets the court waive or suspend costs while it reviews your eligibility.
Yes. Improper service is a recognized defense, and proper service under MCR 2.105 is what makes a judgment valid. How you were served also decides your deadline, since service outside Michigan or by registered mail gives you 28 calendar days instead of 21. Raise a service problem with the court rather than ignoring the summons, because ignoring it still risks a default judgment even when service was defective.
Common affirmative defenses include statute of limitations, payment, release, res judicata, and fraud, and you should state them in your answer. If you have a claim against the plaintiff, you plead it as a counterclaim. Under MCR 2.203(A), Michigan applies a compulsory joinder rule: if you raise a counterclaim, you must join all other claims against that party that arise from the same transaction or occurrence.
Respond like any civil case: file a timely answer that denies what you dispute and raises your defenses. In debt cases, check the six-year statute of limitations for a written contract under MCL 600.5807, which can bar a stale claim. Also check whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.
A defendant served with a divorce or family complaint follows the same deadline as a civil case: serve and file a written answer within 21 calendar days of service in Michigan, or 28 calendar days if served outside Michigan or by registered mail, under MCR 3.203(A) and MCR 2.108(A)(1). File with the clerk of the court named in the summons. Missing the deadline can let the court decide property, support, and custody issues by default.
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