How to File a Small Claims Lawsuit in Michigan (2026)
Reviewed by DocDraft Legal Team · Michigan · Last updated April 30, 2026
Michigan small claims (District Court Small Claims Division) handles money disputes up to $7,000 under MCL §600.8401, raised from $6,500 in 2024. Filing fees are tiered: $30 to $70. The statute of limitations is 6 years for written and oral contracts.
How do I file a small claims lawsuit in Michigan?
To file a small claims lawsuit in Michigan, send a demand letter, file an Affidavit and Claim at the Small Claims Division of District Court (claim limit $7,000), pay the filing fee ($30 to $70), and serve the defendant per MCR 2.105 (certified mail or personal service). The case is heard within 30 to 60 days. No attorney is required.
How much does it cost to file a small claims lawsuit in Michigan?
Michigan Small Claims Division filing fees are tiered: $30 for claims at or below $600, $50 for claims at or below $1,750, and $70 for claims at or below $7,000. Service by certified mail or court officer typically adds $15 to $30 more. Filers who cannot afford the fee can request a waiver under MCR 2.002.
Do I need a lawyer for small claims court in Michigan?
No, and attorneys are generally not permitted to represent parties in the Small Claims Division under MCL §600.8408. The forum is designed for self-represented parties. If a party wants attorney representation, the case can be removed from the Small Claims Division to the general civil docket of District Court before the hearing begins.
How long do I have to sue someone in Michigan small claims court?
Michigan allows 6 years to sue on written contracts, oral contracts, and most debt under MCL §600.5807(8) and (9). Property damage and personal injury claims must be filed within 3 years under MCL §600.5805(10). The clock generally starts on the date of breach or injury, not the date you discovered the loss.
Michigan small claims at a glance
Michigan's small claims appeal process is unique in the United States: appeals from the Small Claims Division require the unanimous consent of both parties before they can proceed under MCL §600.8430. If consent is not obtained, the magistrate's decision is final. The rule is designed to keep small claims fast and cheap, but it means a single party can effectively veto an appeal. Parties who want to preserve appeal rights can remove the case to the general civil docket of District Court before the hearing. Michigan's 2024 Public Act 60 raised the small claims limit from $6,500 to $7,000, the first increase since 2012. Filing fees are tiered ($30 / $50 / $70) by claim size, and the Small Claims Division is part of every District Court statewide under MCL §600.8401.
Filing cost example: $4,500 unpaid invoice
Suppose a client owes you $4,500 on a written services contract. The statute of limitations for written contracts in Michigan is 6 years under MCL §600.5807(8), so you must file within 6 years of the missed payment. The filing fee at the Small Claims Division is $70 for claims at or below $7,000, and certified-mail service under MCR 2.105 typically adds about $30. After winning, post-judgment interest accrues under MCL §600.6013 at approximately 5% per year in 2026. If the defendant pays within 30 days, you collect the full $4,500 plus the $100 in filing and service costs. If unpaid for 1 year, you are owed approximately $4,725.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
36th District Court (Detroit)
421 Madison Ave, Detroit, MI 48226
14A District Court (Washtenaw County / Ann Arbor)
4133 Washtenaw Ave, Ann Arbor, MI 48108
17th District Court (Redford Township / Wayne County)
15111 Beech Daly Rd, Redford, MI 48239
41B District Court (Macomb County / Clinton Township)
22380 Starks Dr, Clinton Twp, MI 48036
61st District Court (Grand Rapids)
180 Ottawa Ave NW, Grand Rapids, MI 49503
Relevant Laws
MCL §600.8401 et seq. (Small Claims Division)
Governs the Small Claims Division of District Court including jurisdiction, claim limits, parties, filing requirements, hearings, and the unanimous-consent appeal rule.
MCL §600.5807 (Statute of Limitations on Contracts)
Sets the 6-year statute of limitations for written contracts under subsection (8) and oral contracts under subsection (9) in Michigan.
MCL §600.6013 (Post-Judgment Interest)
Sets the post-judgment interest rate on Michigan court judgments, calculated semi-annually based on the 5-year U.S. Treasury rate plus 1%.
Michigan District Court directory and forms
Official State Court Administrative Office directory of all Michigan District Courts, with Small Claims Division forms (DC 84 Affidavit and Claim).
Michigan Legal Help: Small Claims guide
Free procedural guide covering filing, service, hearings, and judgment collection in Michigan Small Claims Division cases.
Regional Variances
Statute of Limitations for Common Claims in Michigan
Written contract
6 years (MCL §600.5807(8))
Oral contract
6 years (MCL §600.5807(9))
Property damage
3 years (MCL §600.5805(10))
Personal injury
3 years (MCL §600.5805(10))
Debt collection
6 years (MCL §600.5807)
Suggested Compliance Checklist
Send a demand letter (recommended)
30 days before filing days after startingSend a formal written demand to the defendant by certified mail with return receipt. Michigan does not require a demand letter, but magistrates expect to see one. Keep proof of mailing.
Verify claim is within $7,000 Small Claims Division limit
Before filing days after startingMichigan Small Claims Division handles civil claims up to $7,000 under MCL §600.8401. If your claim exceeds the limit, reduce it (waiving the excess) or file on the general civil docket of District Court.
Gather evidence
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the magistrate, the defendant, and yourself.
File the Affidavit and Claim at the correct District Court
Within 6-year SOL (written contract) or 3-year SOL (property damage, injury) days after startingFile the Affidavit and Claim (form DC 84) at the District Court covering where the defendant resides or where the dispute arose, per MCL §600.8401 et seq. Pay the $30 / $50 / $70 tiered filing fee or request a fee waiver under MCR 2.002.
Serve the defendant per MCR 2.105
Before the hearing date days after startingServe by personal service (court officer or process server) or certified mail with return receipt requested. File proof of service with the District Court before the hearing.
Attend the hearing with all evidence
30 to 60 days after filing days after startingHearings before a magistrate are public and informal. Bring three copies of every document, all witnesses, and a clear timeline of events. The magistrate typically rules from the bench.
Collect the judgment
After 21-day removal window closes days after startingUse writs of execution, garnishments, or judgment liens under MCL §600.6001 et seq. Post-judgment interest accrues semi-annually under MCL §600.6013 at approximately 5 to 6% in 2026.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (recommended) | Send a formal written demand to the defendant by certified mail with return receipt. Michigan does not require a demand letter, but magistrates expect to see one. Keep proof of mailing. | demand-letter | 30 days before filing |
| Verify claim is within $7,000 Small Claims Division limit | Michigan Small Claims Division handles civil claims up to $7,000 under MCL §600.8401. If your claim exceeds the limit, reduce it (waiving the excess) or file on the general civil docket of District Court. | - | Before filing |
| Gather evidence | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the magistrate, the defendant, and yourself. | - | Before filing |
| File the Affidavit and Claim at the correct District Court | File the Affidavit and Claim (form DC 84) at the District Court covering where the defendant resides or where the dispute arose, per MCL §600.8401 et seq. Pay the $30 / $50 / $70 tiered filing fee or request a fee waiver under MCR 2.002. | - | Within 6-year SOL (written contract) or 3-year SOL (property damage, injury) |
| Serve the defendant per MCR 2.105 | Serve by personal service (court officer or process server) or certified mail with return receipt requested. File proof of service with the District Court before the hearing. | - | Before the hearing date |
| Attend the hearing with all evidence | Hearings before a magistrate are public and informal. Bring three copies of every document, all witnesses, and a clear timeline of events. The magistrate typically rules from the bench. | - | 30 to 60 days after filing |
| Collect the judgment | Use writs of execution, garnishments, or judgment liens under MCL §600.6001 et seq. Post-judgment interest accrues semi-annually under MCL §600.6013 at approximately 5 to 6% in 2026. | - | After 21-day removal window closes |
Frequently Asked Questions
The Michigan Small Claims Division handles civil claims up to $7,000. The limit was raised from $6,500 to $7,000 in 2024 under Public Act 60, the first increase since 2012. Claims exceeding $7,000 must be filed on the general civil docket of District Court (up to $25,000) or in Circuit Court for larger amounts.
Michigan filing fees are tiered: $30 for claims at or below $600, $50 for claims at or below $1,750, and $70 for claims at or below $7,000. Service by certified mail or court officer adds roughly $15 to $30 more. Filers who cannot afford the fee can request a waiver under MCR 2.002.
No. The Small Claims Division is designed for self-represented parties under MCL §600.8408, and attorneys are generally not permitted to represent parties in this forum. If either party wants attorney representation, the case can be removed to the general civil docket of District Court before the hearing begins. Most Michigan filers handle small claims pro se.
Michigan allows 6 years for written contracts, oral contracts, and most debt under MCL §600.5807(8) and (9), and 3 years for property damage and personal injury under MCL §600.5805(10). The clock generally starts on the date of breach or injury. File within these windows to preserve your right to sue.
Service options under MCR 2.105 include personal service by a court officer or licensed process server, and certified mail with return receipt requested. Certified mail is the most common and least expensive route. File proof of service with the District Court before the hearing date or the case may be adjourned.
Yes, with limits. Both individuals and businesses can sue or be sued for amounts up to $7,000 in the Small Claims Division. Corporations and LLCs may appear at the hearing through an officer or full-time employee under MCL §600.8408, but generally cannot be represented by an attorney unless the case is removed to the general civil docket.
After judgment, you can collect using tools under MCL §600.6001 et seq., including writs of execution, garnishments of wages and bank accounts, and judgment liens recorded against real property. Post-judgment interest accrues at the rate set semi-annually under MCL §600.6013, approximately 5 to 6% in 2026, until the judgment is paid in full.
Appeals from the Small Claims Division are unique in the United States: under MCL §600.8430, an appeal requires the unanimous consent of both parties before it can proceed. If consent is not obtained, the magistrate's decision is final. Parties who want to preserve appeal rights can remove the case to the general civil docket of District Court before the hearing.