How to file a small claims case in Michigan to recover money owed
In Michigan, people commonly use the district court small claims division to try to recover money that someone owes. The small claims division handles money claims up to the statutory limit, and the process typically begins by filing an affidavit of claim with the district court clerk on a court-approved form. If the defendant does not appear, the court may enter a default judgment based on liquidated claims or other proof the court requires.
Filing requires paying a filing fee that varies by the amount claimed, and if you obtain a judgment but the defendant does not pay, the clerk can certify the judgment for enforcement measures like writs of execution or garnishment. The court’s rules set how the affidavit must be sworn, what information to include, and how hearings and defaults are handled.
Current Michigan law
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What Michigan law says
A small claims division exists in each district for money recovery actions within the statutory limit under Mich. Comp. Laws § 600.8401. The filing fee amounts are set by statute and depend on the amount claimed under Mich. Comp. Laws § 600.8420. The affidavit of claim must be in the approved form and specify the nature, amount, and dates of the claim as described in Mich. Ct. R. 4.302. If a defendant fails to appear, the court may enter judgment by default or on ex parte proofs under Mich. Ct. R. 4.304. All small claims judgments are conclusive and must follow the form prescribed by the supreme court under Mich. Comp. Laws § 600.8413, and if the judgment debtor does not pay, the clerk may certify the judgment for enforcement under Mich. Comp. Laws § 600.8418. Restrictions on who may file certain claims and limits on the number of filings per week are in Mich. Comp. Laws § 600.8407.
What to do
A common first step is to gather written evidence: contracts, invoices, payment records, and communication showing the debt.
A common next step is to complete the court-approved small claims affidavit form describing the claim and dates, as required by Mich. Ct. R. 4.302.
A typical step is to file the affidavit with the district court clerk and pay the applicable filing fee set by Mich. Comp. Laws § 600.8420.
Many people prepare an evidence checklist and copies to serve the defendant, and attend the hearing or prepare proof in case of the defendant’s nonappearance under Mich. Ct. R. 4.304.
If a judgment is entered and not paid, a common later step is to apply to the clerk to have the judgment certified for enforcement under Mich. Comp. Laws § 600.8418.
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Common questions
What is the maximum amount I can claim in Michigan small claims court?
The small claims division handles money claims up to the statutory limit, which is set in Mich. Comp. Laws § 600.8401.
How much is the filing fee to start a small claims case?
What happens if the defendant does not show up for the hearing?
If the defendant fails to appear, the court may enter judgment by default for liquidated claims or on the ex parte proofs the court requires, as described in Mich. Ct. R. 4.304.
Can someone else file the claim for me?
There are statutory limits on who may file on behalf of others and on the number of claims a person may file in a week; see Mich. Comp. Laws § 600.8407.
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This page provides legal information about Michigan law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
