Educational Guide • Civil Procedure

    How to Respond to a Lawsuit in Michigan

    What to do when you've been served with a Michigan civil complaint — your deadlines, what an Answer looks like, and how to avoid a default judgment.

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    Quick answer

    To respond to a Michigan civil lawsuit, file an Answer with the court within 21 days of personal service (28 if served by mail). Address each numbered paragraph in the Complaint, list any affirmative defenses, and serve a copy on the other party. Missing the deadline allows the plaintiff to seek a default judgment.

    Key points

    • You have 21 days to respond if served in person, 28 if served by mail or out of state.
    • Filing an Answer prevents a default judgment.
    • An Answer admits, denies, or says you lack knowledge for each paragraph.
    • You can include affirmative defenses and counterclaims.
    • Filing fees are usually $25–$45 depending on the court.
    Step-by-step

    The process, step by step

    1. 1

      Read the Summons and Complaint carefully

      The Summons sets the deadline. The Complaint lists what the plaintiff is asking for.

    2. 2

      Calendar your deadline

      21 days from personal service or 28 days from mail/out-of-state service.

    3. 3

      Prepare your Answer

      For each numbered paragraph: admit, deny, or state lack of sufficient information.

    4. 4

      Add affirmative defenses

      Statute of limitations, payment, lack of standing, identity theft, etc.

    5. 5

      Decide on a counterclaim

      If the plaintiff owes you money on the same dispute, raise it now or risk waiving it.

    6. 6

      File and serve

      File with the clerk, pay the answer fee, and mail a copy to the plaintiff or their attorney.

    Educational background

    In-depth explanation

    What happens if you ignore it

    After your response deadline passes, the plaintiff can ask the court for a default. Once entered, the plaintiff can seek a default judgment for the amount claimed. Setting aside a default is harder than answering on time.

    Affirmative defenses

    An affirmative defense is a reason the plaintiff should lose even if the basic facts are true. Common ones in debt cases include statute of limitations (6 years in Michigan for most contracts), payment, accord and satisfaction, and lack of standing by debt buyers.

    Discovery

    After the Answer, the parties exchange information through interrogatories, requests for documents, and (sometimes) depositions. District court has streamlined rules; circuit court is more formal.

    Common mistakes

    What trips people up

    • Calling the plaintiff to negotiate without filing an Answer.
    • Missing the 21/28-day deadline.
    • Filing only a 'denial letter' instead of a proper Answer.
    • Forgetting to raise statute of limitations as an affirmative defense.
    • Not keeping proof of service on the plaintiff.
    Frequently asked questions

    Direct answers to common questions

    How long do I have to respond to a Michigan lawsuit?+

    21 days if you were served in person, 28 days if served by mail or you are out of state.

    What if I miss the deadline?+

    The plaintiff can ask for a default and then a default judgment. You can move to set aside the default but must show good cause and a meritorious defense.

    Do I have to file an Answer?+

    Yes, unless you file a pre-answer motion under MCR 2.116. A simple letter to the court is not an Answer.

    How much does it cost to file an Answer?+

    District court answer fees are usually $25–$45. Fee waivers (MC 20) are available for low-income filers.

    Can I represent myself?+

    Yes. Michigan allows self-representation in all civil cases.

    Should I file a counterclaim?+

    If the plaintiff owes you money on the same dispute, raise it now. Otherwise you may waive the claim.

    What is statute of limitations on Michigan debt?+

    6 years for most written contracts and credit accounts. Once expired, it's a strong affirmative defense.

    Will my employer find out?+

    Filing an Answer is a public record. Garnishments after a judgment do go to employers; an Answer alone does not.

    Official Michigan resources

    These links go directly to government and public-interest sources for self-represented litigants. Always verify form numbers and procedures with your local court.

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