Sued in Michigan? You may have only 21 days to answer
Papers handed to you in Michigan: 21 days. Served by registered or certified mail, or outside Michigan: 28 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Michigan
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Michigan guides by topic
How to answer in Michigan
Your deadline by court, the official form, fees and defenses.
Default judgment in Michigan
What a default means and how to set it aside, with a calculator.
After a judgment in Michigan
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Michigan
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Michigan
District Court (general civil)
Most credit card, medical and personal loan lawsuits are filed here. The District Court handles civil cases of $25,000 or less.
Law: MCL 600.8301(1)
Circuit Court
Debt cases for more than $25,000.
Law: MCL 600.8301(1)
Small Claims Division of the District Court
Debt buyers and collection agencies can't use it: an assignee of a claim may not file in small claims, and collection agencies and lawyers may not take part. Either side can move the case to the regular civil division before trial.
Law: MCL 600.8401(e), 600.8407(1), 600.8408(1), (4)
How to answer in Michigan
- How to answer
File a written answer with the court and serve a copy on the plaintiff (usually its lawyer), or take other lawful action, such as filing a motion. Many courts accept e-filing through MiFILE. Michigan Legal Help has a free do-it-yourself tool that prepares an answer for a debt collection case.
- If you can't pay the fees
Fee Waiver Request (SCAO form MC 20). https://www.courts.michigan.gov/siteassets/forms/scao-approved/mc20.pdf
- How you must be served
The summons and complaint can be handed to you in person, or sent to you by registered or certified mail, return receipt requested, restricted to you as the addressee. Mail service counts only when you sign for it. Your answer deadline is 21 days after personal service in Michigan, or 28 days after mail service or service outside Michigan.
Law: MCR 2.105(A); MCR 2.108(A)
Law: MCR 2.108(A)(1), (2); summons form MC 01
Defenses to know in Michigan
- Defenses in Michigan law
The statute of limitations is a defense: 6 years for contract claims, including credit card accounts. A debt that is too old is revived only by a written, signed promise or acknowledgment. If the debt has a written contract with an interest rate, the judgment interest is capped at 13%.
Law: MCL 600.5807(9); MCL 600.5866; MCL 600.6013(7)
- Debt buyer lawsuits
- In any lawsuit to collect a consumer debt, the complaint must name the creditor, give the account number (or other information that identifies the debt) and state the balance due. Debt buyer lawsuits in Michigan: the full rules
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Michigan
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you don't answer or take other action in time, the clerk enters your default. You must be sent notice of the default. The plaintiff can then get a default judgment for what it asked for, which can lead to garnishment of your wages, bank account or tax refund.
- How to set it aside (cancel it)
Motion to set aside the default or default judgment. If you were personally served, file it before the default judgment is entered or within 21 days after it is entered. You must show good cause for not answering and file a verified statement of facts showing a meritorious defense, and the court will make you pay the plaintiff's taxable costs caused by the default. If the court lacked jurisdiction (for example, you were never properly served), the good-cause and defense requirements don't apply. You can also ask for relief from judgment for mistake, surprise, excusable neglect, new evidence or fraud within 1 year after the judgment, or for other reasons (such as a void judgment) within a reasonable time. If you never knew about the case, you can appear within 1 year after final judgment and ask for relief.
Law: MCR 2.603(A), (D); MCR 2.612(B), (C)
Count your deadline to set aside a default
If there is a judgment in Michigan
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
If the judgment is on a written contract with a set interest rate (such as many credit card or loan agreements), interest runs at the contract rate from the date the complaint was filed, but no more than 13% a year. Otherwise, interest is 1% plus the average rate on 5-year U.S. Treasury notes, reset every January 1 and July 1 as certified by the State Treasurer, compounded yearly.
- How long it lasts
10 years from the date of the judgment (for District Court judgments entered since May 25, 1973, and Circuit Court judgments). Within those 10 years, the creditor can sue on the judgment to get a new judgment, which lasts another 10 years. Small claims judgments last 6 years.
Law: MCL 600.6013(7), (8); MCL 600.5809(3)
Garnishment, bank levy and exemptions in Michigan
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
The federal limit applies, so a creditor can take the lesser of 25% of your disposable earnings or the amount above 30 times the federal minimum wage per week.
Law: SCAO form MC 14; 15 U.S.C. § 1673
- Bank levy (freezing and taking money in your bank account)
The creditor gets a writ of garnishment for nonperiodic payments served on your bank, which must hold the money in your account. Michigan has no fixed dollar amount protected automatically in a bank account; exempt money, such as Social Security, can be claimed by filing objections.
- How to claim an exemption
File Objections to Garnishment and Notice of Hearing (SCAO form MC 49) with the court within 14 days after the writ is served on you, and mail copies to the plaintiff and the garnishee. You can object if the money is exempt, if the balance is wrong, or for other legal reasons about the garnishment (not to challenge the judgment itself). The court sets a hearing. Objections filed later can still be heard, but they do not stop payment unless the court orders it. If no objection is filed, the garnishee sends the held money to the creditor 28 days after the writ was served on the garnishee.
Law: MCR 3.101(J), (K); SCAO forms MC 12, MC 49
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Michigan
Count your deadline to claim an exemption
Free help in Michigan
- Michigan Legal Help (free self-help tools and legal aid finder)
- Michigan Legal Help: Requesting an installment payment plan
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Michigan
- Judgment interest on a written contract with an interest rate is capped at 13% a year (MCL 600.6013(7)).
- The deadline to set aside a default judgment after personal service is short: 21 days after the judgment is entered (MCR 2.603(D)(2)).
- Debt buyers (assignees) cannot sue in small claims court (MCL 600.8407(1)), and every consumer debt complaint must name the creditor, the account number and the balance due (MCR 2.112(N)).
Changes in 2024–2026
The small claims limit rose to $7,000 on January 1, 2024. The Fee Waiver Request form MC 20 was revised in January 2026.
Law: MCL 600.8401(e)
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Michigan
How long do I have to answer a debt lawsuit in Michigan?
21 days after the summons and complaint are handed to you in Michigan. 28 days if you were served by registered or certified mail or served outside Michigan.
How do I answer a debt lawsuit in Michigan?
File a written answer with the court and serve a copy on the plaintiff (usually its lawyer), or take other lawful action, such as filing a motion. Many courts accept e-filing through MiFILE. Michigan Legal Help has a free do-it-yourself tool that prepares an answer for a debt collection case.
What if I can't afford the court fees in Michigan?
Fee Waiver Request (SCAO form MC 20). https://www.courts.michigan.gov/siteassets/forms/scao-approved/mc20.pdf
What happens if I don't answer in Michigan?
If you don't answer or take other action in time, the clerk enters your default. You must be sent notice of the default. The plaintiff can then get a default judgment for what it asked for, which can lead to garnishment of your wages, bank account or tax refund.
Can I cancel a default judgment in Michigan?
Motion to set aside the default or default judgment. If you were personally served, file it before the default judgment is entered or within 21 days after it is entered. You must show good cause for not answering and file a verified statement of facts showing a meritorious defense, and the court will make you pay the plaintiff's taxable costs caused by the default. If the court lacked jurisdiction (for example, you were never properly served), the good-cause and defense requirements don't apply. You can also ask for relief from judgment for mistake, surprise, excusable neglect, new evidence or fraud within 1 year after the judgment, or for other reasons (such as a void judgment) within a reasonable time. If you never knew about the case, you can appear within 1 year after final judgment and ask for relief.
How much interest does a judgment add in Michigan?
If the judgment is on a written contract with a set interest rate (such as many credit card or loan agreements), interest runs at the contract rate from the date the complaint was filed, but no more than 13% a year. Otherwise, interest is 1% plus the average rate on 5-year U.S. Treasury notes, reset every January 1 and July 1 as certified by the State Treasurer, compounded yearly.
How long does a judgment last in Michigan?
10 years from the date of the judgment (for District Court judgments entered since May 25, 1973, and Circuit Court judgments). Within those 10 years, the creditor can sue on the judgment to get a new judgment, which lasts another 10 years. Small claims judgments last 6 years.
Can my wages be garnished in Michigan?
The federal limit applies, so a creditor can take the lesser of 25% of your disposable earnings or the amount above 30 times the federal minimum wage per week.
Can a creditor take money from my bank account in Michigan?
The creditor gets a writ of garnishment for nonperiodic payments served on your bank, which must hold the money in your account. Michigan has no fixed dollar amount protected automatically in a bank account; exempt money, such as Social Security, can be claimed by filing objections.
How do I claim an exemption in Michigan?
File Objections to Garnishment and Notice of Hearing (SCAO form MC 49) with the court within 14 days after the writ is served on you, and mail copies to the plaintiff and the garnishee. You can object if the money is exempt, if the balance is wrong, or for other legal reasons about the garnishment (not to challenge the judgment itself). The court sets a hearing. Objections filed later can still be heard, but they do not stop payment unless the court orders it. If no objection is filed, the garnishee sends the held money to the creditor 28 days after the writ was served on the garnishee.
More help on our sister sites
Sources
- MCL 600.8301 (District Court jurisdiction)
- MCL 600.8401 (small claims limit)
- MCL 600.8407 (no assignee claims in small claims)
- MCL 600.6013 (judgment interest)
- MCL 600.5809 (judgment limitation period)
- SCAO form MC 01, Summons
- SCAO form MC 12, Request and Writ for Garnishment (Periodic)
- SCAO form MC 49, Objections to Garnishment and Notice of Hearing
- SCAO form MC 20, Fee Waiver Request
- Michigan Judicial Institute, Civil Procedure Benchbook § 4.12, Setting Aside Judgments
- Michigan Legal Help: Debt collection resources
- Michigan Court Rules of 1985, Chapter 2 (official, courts.michigan.gov)
- Michigan Court Rules of 1985, Chapter 3 (official, courts.michigan.gov)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?