Michigan Small Claims Court Answer

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Michigan small claims cases are initiated using official form DC 84 (Affidavit and
Claim). Defendants generally are not required to file a written answer but must appear at
the hearing. This template provides the substantive legal content to help you prepare your
defense — but you must verify your local district court's requirements for any written
filings. Official forms are available at https://www.courts.michigan.gov.
Do not file this document directly with the court.

SMALL CLAIMS ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

Michigan District Court — Small Claims Division

IMPORTANT INSTRUCTIONS

1. Replace all bracketed placeholders with case-specific information.
2. Attorney Restriction: Under MCL 600.8408(1), attorneys generally may not represent parties at small claims hearings except on the attorney's own behalf. However, an attorney may assist in preparing this Answer and other pleadings.
3. Jurisdictional Limit: The current Michigan small claims jurisdictional limit is $7,000 under MCL 600.8401(e). Claims exceeding this amount must be filed in the general civil division.
4. Filing Deadline: File this Answer by the date stated on the Small Claims Summons. Filing deadlines vary by court and are typically 7 to 28 days from service. Check your summons carefully.
5. No Jury Right: By proceeding in the small claims division, both parties waive the right to a jury trial. MCL 600.8411(1).
6. No Right to Appeal (Generally): Parties who elect to proceed in small claims waive the right to appeal, except on limited grounds under MCL 600.8427.
7. Removal Option: Before trial commences, either party may demand removal from the small claims division to the general civil division of the district court under MCR 4.306(A). If removal occurs, a written answer must be filed within 14 days of the removal order.
8. Counterclaim Filing Fee: A separate filing fee is required for counterclaims. Contact the court clerk for the current fee schedule.
9. Informal Proceedings: Under MCL 600.8411(2), small claims trials are conducted informally "so as to do substantial justice between the parties according to the rules of substantive law."
10. Remove all instructional notes before filing.

COURT INFORMATION

Court: [____] Judicial District Court

County: [________________________________]

Court Address: [________________________________]

Division: Small Claims Division

Case No.: [________________________________]

Hearing Date: [__/__/____] at [____] ☐ a.m. ☐ p.m.

Courtroom/Location: [________________________________]

PARTIES

Plaintiff (Person/Business Filing the Claim):

Name: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Defendant (Person/Business Responding to the Claim):

Name: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

TITLE OF DOCUMENT

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM OF DEFENDANT [________________________________]

I. APPEARANCE AND ANSWER

1. Defendant [________________________________] hereby appears in this action and responds to the Complaint (Affidavit of Claim) filed by Plaintiff [________________________________] on [__/__/____].

2. Defendant acknowledges that this matter is pending in the Small Claims Division of the [____] Judicial District Court, [________________________________] County, Michigan.

3. Defendant acknowledges that this matter is subject to the jurisdictional limit of $7,000 under MCL 600.8401(e) and the procedural rules governing small claims actions.

II. RESPONSE TO PLAINTIFF'S CLAIMS

Defendant responds to each of Plaintiff's claims as follows:

Claim 1: [________________________________]

☐ Admitted. Defendant admits this claim.

☐ Denied. Defendant denies this claim. Defendant's response: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim, and therefore denies it.

Claim 2: [________________________________]

☐ Admitted. Defendant admits this claim.

☐ Denied. Defendant denies this claim. Defendant's response: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim, and therefore denies it.

Claim 3: [________________________________]

☐ Admitted. Defendant admits this claim.

☐ Denied. Defendant denies this claim. Defendant's response: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim, and therefore denies it.

Claim 4: [________________________________]

☐ Admitted. Defendant admits this claim.

☐ Denied. Defendant denies this claim. Defendant's response: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim, and therefore denies it.

(Add additional claims as needed to match the Complaint.)

General Denial

To the extent any allegation or claim in the Complaint is not expressly admitted above, Defendant denies it in its entirety.

III. DEFENDANT'S VERSION OF FACTS

Defendant states the following facts in response to Plaintiff's claims:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

(State the facts in your own words. Be specific about dates, amounts, communications, and what happened. Attach copies of any supporting documents such as contracts, receipts, text messages, photos, or letters.)

IV. AMOUNT IN DISPUTE

1. Amount claimed by Plaintiff: $[________________________________]

2. Defendant's position on the amount:

☐ Defendant owes nothing to Plaintiff.

☐ Defendant owes less than the amount claimed. Defendant believes the correct amount, if any, is $[________________________________] because [________________________________].

☐ Defendant has already paid the full amount claimed. Payment was made on [__/__/____] by [________________________________] (method of payment).

☐ Defendant has partially paid the amount claimed. Payment of $[________________________________] was made on [__/__/____] by [________________________________].

V. AFFIRMATIVE DEFENSES

Defendant asserts the following defenses without conceding any burden of proof:

Defense 1: Failure to State a Claim

☐ The Complaint fails to state a claim upon which relief can be granted.

Defense 2: Statute of Limitations

☐ Plaintiff's claim is barred by the applicable statute of limitations, including but not limited to:

☐ MCL 600.5807(8) — Contract actions (6 years)

☐ MCL 600.5805(2) — Property damage (3 years)

☐ MCL 600.5805(3) — Personal injury (3 years)

☐ MCL 600.5807(9) — Oral contract (6 years)

☐ MCL 600.5807(1) — Sale of goods under UCC (4 years; MCL 440.2725)

☐ Other: [________________________________]

Defense 3: Payment / Satisfaction

☐ The claimed obligation has been paid or satisfied in full.

Defense 4: Accord and Satisfaction

☐ The parties reached an agreement settling the claimed obligation, and Defendant has performed its obligations under that agreement.

Defense 5: Set-Off

☐ Defendant is entitled to set off amounts owed by Plaintiff to Defendant against any recovery by Plaintiff. The amount of set-off claimed is $[________________________________] for [________________________________].

Defense 6: Improper Service of Process

☐ Defendant was not properly served with the Small Claims Summons and Complaint in accordance with Michigan court rules.

Defense 7: Improper Venue

☐ Venue is improper in this court. Under MCL 600.8404, small claims actions must be filed in the district court for the district in which the defendant resides, the defendant has a place of business, or where the transaction or occurrence took place.

Defense 8: Lack of Standing

☐ Plaintiff lacks standing to bring this action because [________________________________].

Defense 9: Statute of Frauds

☐ The alleged agreement is unenforceable under the statute of frauds, MCL 566.132, because it [________________________________].

Defense 10: Failure of Consideration

☐ The alleged obligation lacks adequate consideration, or consideration has failed because [________________________________].

Defense 11: Breach by Plaintiff

☐ Plaintiff materially breached the agreement at issue, relieving Defendant of further performance, because [________________________________].

Defense 12: Waiver

☐ Plaintiff waived the claims asserted by [________________________________].

Defense 13: Unclean Hands

☐ Plaintiff's own misconduct bars or limits any recovery.

Defense 14: Other Defenses

☐ Defendant reserves the right to assert additional defenses as they become known.

VI. COUNTERCLAIM (OPTIONAL)

(Complete this section only if Defendant seeks money from Plaintiff. A separate filing fee is required.)

A. Counterclaim Election

☐ No counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim asserted. Pursuant to MCL 600.8415, Defendant asserts the following counterclaim against Plaintiff.

B. Counterclaim Details

1. Counter-Plaintiff: [________________________________]

2. Counter-Defendant: [________________________________]

3. Amount of Counterclaim: $[________________________________]

(Must not exceed $7,000 — the small claims jurisdictional limit under MCL 600.8401(e))

4. Basis for Counterclaim:

☐ Breach of contract

☐ Property damage

☐ Unjust enrichment

☐ Money owed for goods or services

☐ Return of deposit or security

☐ Other: [________________________________]

5. Factual Allegations Supporting Counterclaim:

a. [________________________________]

b. [________________________________]

c. [________________________________]

d. [________________________________]

6. Documents Supporting Counterclaim: (list and attach copies)

☐ Contract or agreement dated [__/__/____]

☐ Receipts or invoices: [________________________________]

☐ Photographs: [________________________________]

☐ Text messages or emails: [________________________________]

☐ Other: [________________________________]

C. Relief Requested on Counterclaim

Defendant demands judgment against Plaintiff in the amount of $[________________________________], plus:

☐ Statutory interest under MCL 600.6013

☐ Court costs

☐ Other allowable costs: [________________________________]

VII. REMOVAL FROM SMALL CLAIMS DIVISION

(Optional — Complete only if Defendant wishes to remove the case from small claims)

☐ Defendant does not request removal at this time.

☐ Pursuant to MCR 4.306(A), Defendant demands removal of this action from the Small Claims Division to the General Civil Division of the District Court. Defendant understands that upon removal:

• Defendant must file a written answer within 14 days of the removal order;
• Both parties may be represented by attorneys;
• The case will be subject to standard district court civil procedures;
• The right to a jury trial may be available; and
• The right to appeal will be preserved.

VIII. DOCUMENTS AND EVIDENCE

Defendant intends to present the following documents and evidence at the hearing:

☐ Written contract or agreement dated [__/__/____]

☐ Receipts, invoices, or billing statements: [________________________________]

☐ Photographs or video: [________________________________]

☐ Text messages, emails, or other communications: [________________________________]

☐ Repair estimates or appraisals: [________________________________]

☐ Bank statements or canceled checks: [________________________________]

☐ Witness testimony from: [________________________________]

☐ Other: [________________________________]

(Bring the originals and at least two copies of all documents to the hearing — one for the court and one for the other party.)

IX. WITNESSES

Defendant intends to call the following witnesses at the hearing:

X. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss the Complaint with prejudice and enter judgment in favor of Defendant;

B. Award Defendant costs as permitted by Michigan law;

C. Enter judgment in Defendant's favor on the Counterclaim (if asserted) in the amount of $[________________________________], plus statutory interest and costs;

D. Grant such further relief as the Court deems just and equitable.

XI. VERIFICATION

I, [________________________________], declare under the penalty of perjury that the statements contained in this Answer are true and correct to the best of my knowledge, information, and belief.

☐ I am the Defendant and make this verification on my own behalf.

☐ I am an authorized officer/employee of [________________________________] (business name) with direct and personal knowledge of the facts in dispute, as permitted by MCL 600.8408(2).

Date: [__/__/____]

Signature: ________________________________________

Printed Name: [________________________________]

XII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true copy of this Answer, Affirmative Defenses, and Counterclaim (if applicable) upon:

Plaintiff: [________________________________]

Address: [________________________________]

Method of Service:

☐ First-class mail, postage prepaid

☐ Hand delivery / personal service

☐ Certified mail, return receipt requested

☐ Court-approved electronic service

in accordance with Michigan Court Rules.

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

MICHIGAN SMALL CLAIMS QUICK REFERENCE GUIDE

(For reference — remove before filing)

Jurisdictional Limits

Key Statutes of Limitation (Michigan)

Hearing Day Tips

1. Arrive at least 15 minutes early.
2. Bring originals and copies of all documents.
3. Dress professionally and address the judge as "Your Honor."
4. Speak clearly and stick to the facts.
5. Do not interrupt the other party — you will have your turn.
6. Attorneys are not permitted to speak at the hearing (MCL 600.8408(1)).
7. The judge may try to help the parties reach a settlement before trial.
8. The judge's decision is usually announced at the hearing or mailed within a few days.

Business Entity Representation

Under MCL 600.8408(2), a sole proprietorship, partnership, or corporation may be represented by an officer or employee who has direct and personal knowledge of the facts in dispute. The representative does not need to be an attorney.

Filing Fees (Approximate — Verify with Court Clerk)

SOURCES AND REFERENCES

• MCL 600.8401 — Small Claims Division, Creation and Jurisdiction: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-8401
• MCL 600.8404 — Small Claims Venue: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-8404
• MCL 600.8408 — Parties, Representation, Removal: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-8408
• MCL 600.8411 — Small Claims Procedure and Trial: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-8411
• MCL 600.8415 — Small Claims Counterclaims: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-8415
• MCL 600.8427 — Small Claims Appeals: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-8427
• Michigan Court Rules, Chapter 4 — District Court: https://www.courts.michigan.gov/courts/trial-courts/district-court/
• MCR 4.301–4.306 — Small Claims Court Rules
• Michigan Small Claims Division Benchbook: https://www.courts.michigan.gov/4a52b3/siteassets/publications/benchbooks/dcmm/dcmmresponsivehtml5.zip/DCMM/Ch_7_Small_Claims/Small_Claims_Division.htm
• MCL 600.5805–5813 — Statutes of Limitation
• MCL 600.6013 — Statutory Interest Rate
• MCL 554.613 — Security Deposit Act