Michigan · Debt collection defense

Debt collection defense in Michigan small claims

Being sued over an alleged debt? Organize your defense.

If a creditor, debt buyer, or collector has sued you in small claims over an alleged debt, you can respond and defend yourself. Common defenses include the debt being past the statute of limitations, the amount being wrong, the plaintiff not proving they own the debt, or the debt not being yours at all. You do not have to face it disorganized.

In Michigan, small-claims cases are heard in the Small Claims Division of the District Court and you can sue for up to $7,000 (periodically adjusted for inflation).

Debt collection defense: steps that matter

  1. Read the lawsuit carefully and note your deadline to answer — missing it can cause a default judgment against you.
  2. Ask the plaintiff (in writing, through the court process) to prove the debt: the original signed agreement, a full account history, and a clear chain showing they own the debt.
  3. Check the age of the debt against the statute of limitations below; a time-barred debt is a defense you can raise.
  4. Gather your own records — payments, disputes, and any prior correspondence — and keep them together with the court dates.

Filing your Affidavit and Claim (Form DC 84) in Michigan

  1. Fill out the Affidavit and Claim (Form DC 84). Complete items 1 through 12 of Form DC 84 (Affidavit and Claim, Small Claims) online or on a paper copy from the court, identifying the plaintiff, defendant, date and amount of the dispute, and the reason for the claim. Do not sign until you are in front of a notary or the clerk of the court.
  2. Sign the affidavit under oath and make copies. The form must be signed under oath in front of a notary public or the clerk of the court, after showing photo identification. Make all necessary copies (print all four copies if filing in person).
  3. File with the clerk and pay the filing fee. File the affidavit and claim with the clerk of the proper district court, in person or by mail, and pay the filing fee at the same time (see MCL 600.8415 for the proper venue). If you cannot afford the fee, ask the clerk for a Fee Waiver Request (Form MC 20).
  4. Arrange for service on the defendant. Pay for and arrange service. The clerk keeps the original for the court file and arranges to serve one copy on each defendant by personal delivery or by certified mail, return receipt requested, deliverable to the addressee only; the clerk completes the notice of hearing and assigns a case number.
  5. Appear at the scheduled hearing. Proof of service is filed with the court. Bring your copy of the affidavit and claim, your evidence, and your witnesses to the hearing on the scheduled appearance date and present your case to the district court judge or attorney magistrate. If you are not present when the case is called, it will probably be dismissed.

Filing fees: Filing fees vary by claim amount; confirm the current amount with the court. A fee waiver (Form MC 20) is available.

Deadline that applies to your debt collection defense

A debt claim usually rests on a contract or account, so the statute of limitations for that kind of debt is the deadline the other side has to sue you. If the debt is older than this window, the limitations period can be a defense you raise.

Oral contract or debt: 6 years (MCL § 600.5807)

Answering a lawsuit: No written answer is required in the small claims division. Instead, the defendant must appear at the hearing on the appearance date set by the court; the defendant must be served at least 7 days before the appearance date for the court to have jurisdiction (unless the defendant appears and does not request a continuance). (A 14-day written-answer deadline applies only if the case is removed out of the small claims division to the general civil division.)

Serving the defendant: The clerk arranges service of one copy on each defendant either by personal delivery (personal service) or by certified mail, return receipt requested and deliverable to the addressee only. The defendant must be served at least 7 days before the appearance date.

Appeals: By choosing the small claims division the parties generally waive the right of appeal. However, if the case is heard by a district court magistrate, either party may take an appeal de novo as of right to the small claims division of the district court, which must be taken within 7 days after entry of the magistrate's decision. There is no further appeal from the district court judge's judgment.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Michigan Courts: INST DC 84, How to Get a Money Judgment in Small Claims Court / Instructions for Affidavit and Claim (SCAO-approved, Rev. 1/24). Last reviewed 2026-06-23.