Michigan Small Claims Complaint

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

Michigan requires the use of official court form DC 84 (Affidavit and Claim, Small Claims) for small claims
complaints. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc84.pdf.
Do not file this document directly with the court.

MICHIGAN SMALL CLAIMS COMPLAINT

(For Use in the Small Claims Division of Michigan District Courts)

TABLE OF CONTENTS

1. Case Caption
2. Plaintiff Information
3. Defendant Information
4. Jurisdiction and Venue
5. Type of Claim
6. Statement of Facts
7. Damages Calculation
8. Prior Demand
9. Relief Requested
10. Statutory Waivers and Certifications
11. Supporting Documents Checklist
12. Verification
13. Filing Information
14. Practice Notes — Michigan Small Claims Rules
15. Sources and References

1. CASE CAPTION

STATE OF MICHIGAN
IN THE [________________________________] DISTRICT COURT
SMALL CLAIMS DIVISION

Court Address: [________________________________]

AFFIDAVIT AND CLAIM — SMALL CLAIMS

2. PLAINTIFF INFORMATION

Full Legal Name: [________________________________]

Entity Type:
☐ Individual
☐ Sole Proprietorship — DBA: [________________________________]
☐ Partnership
☐ Corporation — State of Incorporation: [________________________________]
☐ Limited Liability Company (LLC) — State of Organization: [________________________________]
☐ Other: [________________________________]

Mailing Address: [________________________________]

City: [________________________________] State: [____] ZIP: [________________________________]

Telephone: [________________________________]

Email (optional): [________________________________]

Attorney Representation: Under MCL 600.8407(2), by filing in small claims division, the plaintiff waives the right to be represented by an attorney. If either party desires attorney representation, the case must be removed to the general civil division of the district court under MCL 600.8408.

3. DEFENDANT INFORMATION

Full Legal Name: [________________________________]

Entity Type:
☐ Individual
☐ Sole Proprietorship — DBA: [________________________________]
☐ Partnership
☐ Corporation — Registered Agent: [________________________________]
☐ Limited Liability Company (LLC) — Registered Agent: [________________________________]
☐ Other: [________________________________]

Mailing Address (for service): [________________________________]

City: [________________________________] State: [____] ZIP: [________________________________]

Telephone (if known): [________________________________]

Email (if known): [________________________________]

Additional Defendant (if any):

Full Legal Name: [________________________________]

Mailing Address: [________________________________]

City: [________________________________] State: [____] ZIP: [________________________________]

Service Note: Under MCR 4.302, the defendant must be served at least 7 days before the hearing if served in person or 9 days before the hearing if served by certified mail. Service may be accomplished by certified mail with return receipt requested, personal service by a process server, or other methods authorized by MCR 2.105.

4. JURISDICTION AND VENUE

1. This Court has jurisdiction over this action pursuant to MCL 600.8401 because the amount claimed does not exceed $7,000, exclusive of interest and costs.

2. Venue is proper in this district because (select all that apply):
   ☐ The transaction or incident occurred within this district
   ☐ The Defendant resides within this district
   ☐ The Defendant does business within this district
   ☐ The contract was to be performed within this district

3. The amount sought in this action, exclusive of interest and costs, is: $[________________________________]

4. This claim seeks money damages only. No injunctive, equitable, or declaratory relief is sought.

5. This claim does not involve fraud, libel, slander, assault, battery, or other intentional torts, which are prohibited in small claims division under MCL 600.8421.

5. TYPE OF CLAIM

Select the type(s) of claim that apply:

☐ Breach of Contract — Defendant failed to perform obligations under a written or oral agreement
☐ Goods Sold and Delivered — Defendant failed to pay for goods received
☐ Services Rendered — Defendant failed to pay for services provided
☐ Property Damage — Defendant caused damage to Plaintiff's property
☐ Return of Security Deposit — Landlord failed to return security deposit as required by MCL 554.601 et seq.
☐ Unpaid Rent — Tenant failed to pay rent owed under a lease agreement
☐ Unpaid Wages — Employer failed to pay wages earned
☐ Unpaid Loan — Defendant failed to repay a personal loan
☐ Auto Accident / Mini-Tort — Recovery of up to $3,000 for vehicle damage under MCL 500.3135(3)(e) (Michigan No-Fault Law mini-tort provision)
☐ Bad Check / Dishonored Check — Defendant issued a check returned for insufficient funds
☐ Unjust Enrichment — Defendant was unjustly enriched at Plaintiff's expense
☐ Return of Personal Property — Recovery of the value of personal property wrongfully held
☐ Other: [________________________________]

Prohibited Claims: Under MCL 600.8421, the following types of claims may NOT be filed in small claims court: actions for fraud, libel, slander, assault, battery, or other intentional torts. These must be filed in the general civil division or circuit court.

6. STATEMENT OF FACTS

Provide a clear, numbered description of the facts giving rise to your claim:

1. On or about [__/__/____], [describe the initial agreement, transaction, or event]: [________________________________]

4. On or about [__/__/____], Plaintiff demanded that Defendant [pay / perform / return]: [________________________________]

5. Defendant has failed and refused to [pay / perform / return], despite Plaintiff's demand.

8. As a direct and proximate result of Defendant's actions, Plaintiff has suffered monetary damages as set forth in Section 7 below.

7. DAMAGES CALCULATION

Jurisdictional Limit: Under MCL 600.8401(1), the total amount claimed in small claims court may not exceed $7,000, exclusive of interest and costs. For auto accident mini-tort claims under MCL 500.3135(3)(e), the limit is $3,000. If your total damages exceed the applicable limit, you may (a) reduce your claim to the maximum and waive the excess, or (b) file in the general civil division of the district court.

Interest Rate: Under MCL 600.6013, post-judgment interest accrues at the rate set by the State Treasurer. Pre-judgment interest, where applicable, is governed by the terms of the contract or applicable statute.

8. PRIOR DEMAND

Plaintiff certifies the following regarding prior demand on Defendant:

☐ On [__/__/____], Plaintiff made a written demand upon Defendant for payment of $[________________________________]. A copy of the demand letter is attached as Exhibit [____].

☐ On [__/__/____], Plaintiff made an oral demand upon Defendant for payment. Defendant refused to pay.

☐ Plaintiff made multiple demands as follows: [________________________________]

☐ Demand was impracticable or would have been futile because: [________________________________]

Defendant's Response to Demand:
☐ Defendant did not respond
☐ Defendant refused to pay
☐ Defendant disputed the amount owed
☐ Defendant acknowledged the debt but has not paid
☐ Other: [________________________________]

9. RELIEF REQUESTED

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

a. Principal damages in the amount of $[________________________________];

b. Pre-judgment interest from [__/__/____] at the applicable rate;

c. Post-judgment interest at the rate established by the State Treasurer under MCL 600.6013 until the judgment is paid in full;

d. Court costs, including the filing fee of $[________________________________] and service costs of $[________________________________];

e. Such other and further relief as the Court deems just and proper, provided the total recovery does not exceed the jurisdictional limit (exclusive of interest and costs).

10. STATUTORY WAIVERS AND CERTIFICATIONS

By filing this Complaint in the Small Claims Division, Plaintiff knowingly and voluntarily acknowledges and certifies the following, as required by MCL 600.8407:

☐ Waiver of Attorney Representation: Plaintiff waives the right to be represented by an attorney in this action, except as otherwise permitted by statute.

☐ Waiver of Jury Trial: Plaintiff waives the right to a trial by jury.

☐ Waiver of Right to Appeal: Plaintiff waives the right to appeal the judgment of the small claims judge or magistrate.

☐ Waiver of Right to Recover More Than Jurisdictional Amount: Plaintiff waives the right to recover more than $7,000 (exclusive of interest and costs).

☐ Acknowledgment of Defendant's Removal Right: Plaintiff acknowledges that Defendant retains the right, prior to hearing, to remove this case to the general civil division of the District Court under MCL 600.8408.

☐ Filing Limitation Certification: Plaintiff certifies that Plaintiff has not filed more than 5 small claims actions in the current week, in compliance with MCL 600.8427.

11. SUPPORTING DOCUMENTS CHECKLIST

Attach copies of all documents that support your claim. Check all that apply:

☐ Written contract or agreement
☐ Invoices or bills
☐ Receipts for payment made
☐ Demand letter(s) sent to Defendant
☐ Photographs of damage
☐ Repair estimates or receipts
☐ Lease or rental agreement
☐ Security deposit itemization (MCL 554.611)
☐ Canceled or dishonored check
☐ Text messages, emails, or other correspondence
☐ Promissory note or loan agreement
☐ Itemized statement of account
☐ Vehicle repair estimate (for mini-tort claims)
☐ Police report
☐ Other: [________________________________]

Practice Tip: Bring the originals of all documents to the hearing. The judge or magistrate will review copies but may request originals for verification.

12. VERIFICATION

I, [PLAINTIFF NAME], state under the penalties of perjury that the foregoing statements are true to the best of my knowledge, information, and belief. I further certify that the total amount sought, exclusive of interest and costs, does not exceed $7,000 (or $3,000 for auto accident mini-tort claims).

Dated: [__/__/____]

____________________________________
[PLAINTIFF NAME]
[Address]
[Telephone]

13. FILING INFORMATION

Filing Fees

Note: Filing fees are set by the Michigan Supreme Court and are subject to change. Service fees are additional (approximately $18 per individual defendant when served by certified mail, $10 for a business entity). Confirm current fees with the district court clerk before filing.

Methods of Filing

☐ In person at the District Court clerk's office
☐ By mail to the District Court clerk's office
☐ Electronic filing (if available in the district — use Michigan Court's e-Filing system at courts.michigan.gov)

Service Requirements

Service of the complaint and court-issued notice of hearing must be accomplished by one of the following methods:

☐ Certified mail, return receipt requested — The court clerk typically arranges for service by certified mail when the complaint is filed
☐ Personal service — Service by a process server or court officer in accordance with MCR 2.105
☐ Other method authorized by MCR 2.105

Timing: Under MCR 4.302, the defendant must be served at least 7 days before the hearing if served in person, or 9 days before if served by mail. If the defendant cannot be served, contact the court clerk to request rescheduling.

Hearing Timeline

The court will typically schedule a hearing approximately 45 days from the date of filing. The clerk will provide the hearing date, time, and location when the complaint is filed.

14. PRACTICE NOTES — MICHIGAN SMALL CLAIMS RULES

Key Jurisdictional Rules

• Jurisdictional Limit: $7,000, exclusive of interest and costs (MCL 600.8401(1))
• Mini-Tort Limit: $3,000 for auto accident vehicle damage claims under the No-Fault Law (MCL 500.3135(3)(e))
• Court: Small Claims Division of the District Court
• Attorney Representation: Not permitted in small claims; parties must represent themselves (MCL 600.8407(2))
• Jury Trial: Not available in small claims court (MCL 600.8407(2))
• Appeal: Generally no appeal right from small claims judgment (MCL 600.8407(2)); however, certain post-judgment remedies may be available

Prohibited Claims (MCL 600.8421)

The following types of actions may NOT be filed in small claims court:

• Fraud
• Libel
• Slander
• Assault
• Battery
• Other intentional torts

Defendant's Right to Remove

Under MCL 600.8408, before the hearing, the defendant may request removal of the case to the general civil division of the district court. If the case is removed, the parties have the right to attorney representation, a jury trial, and the ability to appeal. The judge or magistrate will inform both parties of these rights before the commencement of trial.

Counterclaims

The defendant may file a counterclaim in small claims court. If the counterclaim exceeds $7,000, the case will be transferred to the general civil division. The counterclaim must be for money damages only.

Hearing Preparation

• Bring all original documents and evidence to the hearing
• Bring any witnesses who can testify to the facts of your case
• Prepare a clear, concise summary of your claim
• Be prepared to explain your damages calculation with supporting documentation
• Arrive early and dress professionally
• The hearing is conducted informally; rules of evidence are relaxed

Default Judgment

Under MCL 600.8411, if the defendant fails to appear at the hearing, the court may enter a default judgment in favor of the plaintiff for the amount claimed, plus interest and costs.

Enforcing the Judgment

If the defendant does not voluntarily pay the judgment, the plaintiff may use enforcement remedies available under Michigan law, including:

• Wage garnishment (MCL 600.4011 et seq.)
• Bank account levy
• Lien on real property
• Execution on personal property
• Discovery in aid of execution (MCR 4.305)

Filing Limitation

Under MCL 600.8427, a person may not file more than 5 small claims actions in one week. However, a person may file more than 5 claims on behalf of a county, city, village, or township.

15. SOURCES AND REFERENCES

• MCL 600.8401 — Small Claims Division (Michigan Legislature)
• MCL 600.8407 — Waiver of Rights (Michigan Legislature)
• MCL 600.8408 — Removal to General Civil Division
• MCL 600.8411 — Hearing and Judgment
• MCL 600.8421 — Prohibited Actions
• Michigan Court Rules — Small Claims (MCR 4.301 et seq.)
• District Court Fee and Assessments Table (Michigan Courts)
• Small Claims Court Form DC 84 — Affidavit and Claim (Michigan Courts)
• An Overview of Small Claims Court — Michigan Legal Help