Michigan Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Michigan: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Michigan
- Small claims limit
- $7,000 for cases seeking recovery of money (since January 1, 2024). MCL 600.8401
- Filing fee
- $25 if the claim is $600 or less; $45 for over $600 up to $1,750; $65 for over $1,750. Postage for mailing the affidavit to each defendant is extra, and a personal server receives the same fee and mileage as for other district court service. Writs of execution, attachment or garnishment and debtor discovery subpoenas cost $15. MCL 600.8420
- Are lawyers allowed?
- No. Attorneys may appear only for themselves, and no one other than the plaintiff and defendant may take part, except business and government representatives allowed by statute. Either party may remove the case to the general civil division before trial to use a lawyer. MCL 600.8408; MCL 600.8412
- Appeals
- If a district judge hears the case, there is no appeal. If a magistrate hears it, either party may appeal de novo (a new hearing) to the small claims division of the district court within 7 days after the decision; the district judge's decision is final. Before trial, either party may demand a district judge instead of a magistrate. MCL 600.8427; MCL 600.8412; MCL 600.8408(4)
Court: Small Claims Division of the District Court. Last verified: 2026-10-24.
How to file a small claims case in Michigan
- Confirm your claim is for money and is $7,000 or less, and that you are not an assignee or collection agency.
- Complete the small claims affidavit and claim (SCAO form DC 84), stating that you understand you give up a lawyer, a jury and an appeal by staying in small claims.
- File it with the district court clerk where the claim arose or where the defendant lives or works, with a copy for each defendant, and pay the $25-$65 filing fee plus service costs.
- The clerk has the defendant served with a notice of when and where to appear.
- Bring all documents and witnesses to the hearing; before trial, either side may move the case to the general civil division or ask for a judge instead of a magistrate.
- If a magistrate decides the case, either side may appeal to a district judge within 7 days; a district judge's decision is final.
- If the judgment is not paid as ordered, ask the court for execution, attachment or garnishment.
Can you use small claims court?
| Small claims limit | $7,000 for cases seeking recovery of money (since January 1, 2024). Final step of the schedule in the statute ($5,000 in 2012 rising to $7,000 in 2024). By staying in small claims, parties waive any recovery above the limit (MCL 600.8412). Source: MCL 600.8401 |
|---|---|
| Who can file | Assignees and third-party beneficiaries cannot file, and collection agencies are barred. A person may file no more than 5 small claims per week in a district (20 per week for a county, city, village or township). A sole proprietorship or partnership files through the owner, a partner or a full-time salaried employee with knowledge of the facts; a corporation through a full-time salaried employee with knowledge of the facts. Source: MCL 600.8407; MCL 600.8408(1) |
| Are lawyers allowed? | No. Attorneys may appear only for themselves, and no one other than the plaintiff and defendant may take part, except business and government representatives allowed by statute. Either party may remove the case to the general civil division before trial to use a lawyer. Source: MCL 600.8408; MCL 600.8412 |
Filing your case
| Where to file | Where the claim arose, or where the defendant (or any one of several defendants) lives, is established or works; this is the county in first-class districts and the district in second- and third-class districts. Special rules apply to suits against a city, village, township, county or school district. Source: MCL 600.8415 |
|---|---|
| Filing fee | $25 if the claim is $600 or less; $45 for over $600 up to $1,750; $65 for over $1,750. Postage for mailing the affidavit to each defendant is extra, and a personal server receives the same fee and mileage as for other district court service. Writs of execution, attachment or garnishment and debtor discovery subpoenas cost $15. Source: MCL 600.8420 |
| Serving the defendant | The case starts with an affidavit and claim filed with the district court clerk, with one copy per defendant. The clerk has a copy served on each defendant with a notice telling the defendant when and where to appear. Postage for mailing, or a personal server's fee and mileage, is charged to the plaintiff. |
Before and at the hearing
| When the hearing happens | The notice served on the defendant states the date and place to appear before the small claims judge or magistrate. The statute does not set a fixed number of days between filing and the hearing. Source: MCL 600.8404 |
|---|---|
| Does the defendant file an answer? | No separate written answer deadline is set; the defendant must appear at the hearing and bring all papers and witnesses. If the defendant does not appear, judgment may be entered for up to the claim amount plus costs. A defendant with no defense may ask to pay in installments. Source: MCL 600.8404 |
| Mediation | The parties may settle before or at the hearing in a written agreement signed by both, which the judge reviews and may enter as the judgment. Local courts may offer mediation; no statewide small claims mediation rule is described in these sections. Source: MCL 600.8410 |
| Jury trial | No. Parties who stay in small claims waive trial by jury. Either party may remove the case to the general civil division before trial begins. Source: MCL 600.8412; MCL 600.8408(4) |
After the decision
| Appeals | If a district judge hears the case, there is no appeal. If a magistrate hears it, either party may appeal de novo (a new hearing) to the small claims division of the district court within 7 days after the decision; the district judge's decision is final. Before trial, either party may demand a district judge instead of a magistrate. |
|---|---|
| Collecting your judgment | The judge sets payment in a lump sum or installments; enforcement is paused while the defendant follows the order. If the defendant does not pay, the judge authorizes execution, attachment or garnishment. If the defendant is absent or cannot pay right away, the judge orders full payment within 30 days or written disclosure of the defendant's employer and bank or credit union accounts. Plaintiffs receive an instruction sheet with the judgment on how to request execution or garnishment. No attachment or garnishment is allowed before judgment. Source: MCL 600.8410; MCL 600.8409 |
Deadline to sue
6 years for an action to recover damages or money due for breach of contract (unpaid rent or damages under a lease). The same period applies to written and oral leases. MCL 600.5807(1), (9)
Suing a landlord or tenant in Michigan
Landlords and tenants can use small claims for rent, damage or security deposit claims of $7,000 or less, but lawyers cannot appear and there is no jury or appeal from a judge's decision; a party who wants those protections can remove the case to the general civil division before trial.
- Michigan security deposit demand letter (send before you sue)
- Michigan security deposit law
- Tenant lawyers and free legal aid in Michigan
Michigan small claims FAQ
What is the small claims limit in Michigan?
$7,000 for cases seeking recovery of money (since January 1, 2024).
Who can file a small claims case in Michigan?
Assignees and third-party beneficiaries cannot file, and collection agencies are barred. A person may file no more than 5 small claims per week in a district (20 per week for a county, city, village or township). A sole proprietorship or partnership files through the owner, a partner or a full-time salaried employee with knowledge of the facts; a corporation through a full-time salaried employee with knowledge of the facts.
Can you bring a lawyer to small claims court in Michigan?
No. Attorneys may appear only for themselves, and no one other than the plaintiff and defendant may take part, except business and government representatives allowed by statute. Either party may remove the case to the general civil division before trial to use a lawyer.
Where do I file a small claims case in Michigan?
Where the claim arose, or where the defendant (or any one of several defendants) lives, is established or works; this is the county in first-class districts and the district in second- and third-class districts. Special rules apply to suits against a city, village, township, county or school district.
How much does it cost to file in small claims court in Michigan?
$25 if the claim is $600 or less; $45 for over $600 up to $1,750; $65 for over $1,750. Postage for mailing the affidavit to each defendant is extra, and a personal server receives the same fee and mileage as for other district court service. Writs of execution, attachment or garnishment and debtor discovery subpoenas cost $15.
How do I serve the other side in a Michigan small claims case?
The case starts with an affidavit and claim filed with the district court clerk, with one copy per defendant. The clerk has a copy served on each defendant with a notice telling the defendant when and where to appear. Postage for mailing, or a personal server's fee and mileage, is charged to the plaintiff.
How long does a small claims case take in Michigan?
The notice served on the defendant states the date and place to appear before the small claims judge or magistrate.
Does a defendant have to file an answer in Michigan small claims court?
No separate written answer deadline is set; the defendant must appear at the hearing and bring all papers and witnesses. If the defendant does not appear, judgment may be entered for up to the claim amount plus costs. A defendant with no defense may ask to pay in installments.
Is there a jury in Michigan small claims court?
No. Parties who stay in small claims waive trial by jury. Either party may remove the case to the general civil division before trial begins.
Can you appeal a small claims decision in Michigan?
If a district judge hears the case, there is no appeal. If a magistrate hears it, either party may appeal de novo (a new hearing) to the small claims division of the district court within 7 days after the decision; the district judge's decision is final. Before trial, either party may demand a district judge instead of a magistrate.
How do I collect a small claims judgment in Michigan?
The judge sets payment in a lump sum or installments; enforcement is paused while the defendant follows the order. If the defendant does not pay, the judge authorizes execution, attachment or garnishment. If the defendant is absent or cannot pay right away, the judge orders full payment within 30 days or written disclosure of the defendant's employer and bank or credit union accounts. Plaintiffs receive an instruction sheet with the judgment on how to request execution or garnishment. No attachment or garnishment is allowed before judgment.
Is mediation required in Michigan small claims court?
The parties may settle before or at the hearing in a written agreement signed by both, which the judge reviews and may enter as the judgment.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.