Sued for Debt in Michigan? Here’s What to Do.

Two procedural rules unique in this site's registry shape Michigan debt defense, and most Michigan defendants do not know about either one. First: MCL 600.2145 is the affidavit-of-amount-due rule, and it runs both ways. If the debt buyer attaches a sworn affidavit of amount due to the complaint, that affidavit becomes PRIMA FACIE EVIDENCE of the amount owed UNLESS the defendant files a sworn counter-affidavit WITH the Answer specifically denying the amount. If the debt buyer fails to attach the affidavit in the first place, the procedural shortcut is unavailable and the burden of proving the amount stays with the plaintiff. No other state in the registry has this symmetric mechanism. Second: MCL 600.8407(1) categorically BARS debt-buyer assignees from the Small Claims Division. Most states route debt-buyer cases into simplified small-claims tiers; Michigan does the opposite — forcing every debt-buyer case into District Court General Civil where defendants have full discovery rights (interrogatories under MCR 2.309, requests for production under MCR 2.310, depositions under MCR 2.306). Pro-defendant structural feature unique in the registry.

Somebody has filed a lawsuit against you in a Michigan court alleging that you owe money on a consumer debt. The packet is a Summons (the order to respond, served by sheriff, deputy, court officer, or other authorized adult under MCR 2.105) plus a Complaint with attached exhibits. Michigan has a multi-tier civil-court structure: Small Claims Division (≤ ~$7,000 — but BARRED to debt buyers under MCL 600.8407(1)), District Court General Civil (≤$25,000) where most debt-buyer cases land by force of the Small Claims bar, and Circuit Court (>$25,000). The District Court General Civil tier applies the full Michigan Court Rules with full discovery and MCR 2.116 summary-disposition motion practice.

The baseline rule: 21 days from service to file an Answer under MCR 2.108(A)(1) (28 days if served outside Michigan under (A)(2)). Three procedural traps demand attention: the MCL 600.2145 counter-affidavit step (most commonly missed defense step in MI by pro se defendants — must be sworn, must be filed contemporaneously with the Answer, must specifically address the amount alleged), the Brownbark II account-level identification requirement under MCR 2.201(B) (most debt-buyer template complaints fail this), and the MCR 2.116 summary-disposition vehicle (pleading-stage attack tool — (C)(8) for facial pleading defects, (C)(10) for evidentiary insufficiency after discovery). The substantive procedural teeth are unusually strong — but the 21-day clock and the counter-affidavit step demand careful attention from day one.

The deadline is set by MCR 2.108(A)(1): file a written Answer within 21 days of service if you were served within Michigan, or 28 days under MCR 2.108(A)(2) if you were served outside Michigan. Calendar days, not business days. The clock runs from the date the plaintiff completed service per the proof of service in the court file. MCR 1.108 rolls Day 21 (or Day 28) forward to the next non-holiday business day if it falls on a Saturday, Sunday, or legal holiday — but do not rely on the rollover. File by Day 18.

CRITICAL MI-DISTINCTIVE STEP: when drafting your Answer, examine the complaint for an attached "affidavit of amount due." If present, MCL 600.2145 makes that affidavit PRIMA FACIE EVIDENCE of the amount owed UNLESS the defendant files a sworn counter-affidavit WITH the Answer. The counter-affidavit must be (a) sworn (notarized), (b) filed contemporaneously with the Answer, (c) specific in addressing the amount alleged, and (d) supported by the factual basis for the denial. A boilerplate counter-affidavit is not sufficient. This is the MOST COMMONLY MISSED DEFENSE STEP in Michigan by pro se defendants — generic Answers without the sworn counter-affidavit deem-admit the plaintiff's alleged balance. Schedule the notarization in advance because it cannot be done last-minute.

What default judgment looks like in Michigan. The plaintiff requests entry of default under MCR 2.603, the clerk enters default, and the plaintiff requests a default judgment for the alleged amount plus court costs and statutory post-judgment interest under MCL 600.6013. Michigan judgments are valid for 10 years and renewable. Once entered, the plaintiff CAN garnish wages — Michigan permits wage garnishment for consumer-debt judgments under MCR 3.101 at the federal floor (25% of disposable earnings or amount above 30× federal minimum wage). Michigan is NOT Texas (Const. art. XVI § 28 categorical bar), North Carolina (§ 1-362 categorical bar), or Pennsylvania (§ 8127 categorical bar). MI debtors have ordinary federal-floor wage protection — meaningful but not categorical. Bank-account garnishment under MCR 3.101 (periodic) and judgment liens on real property are also available. Setting aside default under MCR 2.603(D) requires good cause for the failure to respond AND a meritorious defense; discretionary with the trial court, harder the longer the wait.

Filing mechanics. Michigan One Court of Justice e-filing (MiFILE) is mandatory for attorneys in many circuits and is increasingly available for pro se defendants. Smaller-county District Courts may still accept paper filing at the clerk's window. Filing fees vary by tier and county; an MCR 2.002 affidavit of indigency / fee waiver is available for low-income defendants. For a deadline calculator, county-specific filing fees, and clerk addresses, see /sued-for-debt/michigan.

Michigan has a multi-tier civil-court structure with one structural quirk: MCL 600.8407(1) bars debt-buyer assignees from the Small Claims Division entirely, so the typical debt-buyer case lands in District Court General Civil regardless of the dollar amount.

Small Claims Division (typically up to about $7,000, varies by year). Accessible to pro se with simplified procedure — but BARRED to debt-buyer assignees under MCL 600.8407(1). Original creditors collecting their own debts can still use Small Claims, but most consumer-debt cases in Michigan are debt-buyer cases, so this tier rarely sees the typical credit-card collection action. If a debt-buyer plaintiff has filed in Small Claims, the case is in the wrong tier under § 8407(1) and the defendant can move to dismiss for lack of subject-matter jurisdiction or move to transfer to General Civil.

District Court General Civil (typically up to about $25,000, varies by year). The default tier for Michigan debt-buyer cases by force of MCL 600.8407(1). Full Michigan Court Rules apply with the standard 21-day Answer deadline under MCR 2.108(A)(1), full discovery under MCR 2.301 et seq., and formal motion practice including MCR 2.116 summary disposition. Circuit Court (above $25,000) takes larger cases and applies the same Michigan Court Rules with formal motion practice and full discovery.

The MCR 2.116 summary-disposition vehicle is Michigan's pleading-stage attack mechanism, structurally distinct from federal Rule 12(b)(6) and Rule 56 practice but functionally similar. Two grounds particularly relevant to debt-buyer defense: MCR 2.116(C)(8) for failure to state a claim on which relief can be granted (used at the pleading stage when MCR 2.201(B) / Masterspark / Brownbark II assignment-pleading defects are facial — comparable to federal Rule 12(b)(6) and CA's demurrer); MCR 2.116(C)(10) for no genuine issue as to any material fact (used after discovery has surfaced gaps in the chain-of-title proof or evidentiary foundation under MRE 803(6) — comparable to federal Rule 56 summary judgment). Both can be filed before, with, or after the Answer depending on procedural posture. The two-stage availability gives Michigan defendants procedural attack opportunities at multiple points in the case.

Michigan ranks among the strongest defendant states in the country for procedural protection — but the state-statutory consumer-protection counterclaim leg is structurally the weakest in this site's registry. Honest framing matters here. Four pillars produce the procedural strength.

First, MCL 600.2145 — the affidavit and counter-affidavit rule. UNIQUE bidirectional procedural mechanism. A defendant who knows to file the sworn counter-affidavit with the Answer neutralizes the plaintiff's prima-facie evidence shortcut. A defendant who does not lose case-defining facts to deemed admissions before substantive defenses reach the merits. The rule has no parallel in any other registry state.

Second, MCL 600.8407(1) — the categorical bar on debt-buyer assignees from the Small Claims Division. UNIQUE structural protection. Most states route debt-buyer cases into simplified small-claims tiers (CA Small Claims ≤$12,500, FL Small Claims ≤$8,000, NY Small Claims Parts ≤$10,000, TX Justice Court ≤$20,000, PA Magisterial District Court ≤$12,000, OH Small Claims ≤$6,000). Michigan does the opposite — forcing debt buyers into District Court General Civil with full discovery rights. Pro-defendant structural feature without parallel in the registry.

Third, MCR 2.201(B) + Masterspark Co. v. Hickerson, 211 Mich. 411 (1920), + Brownbark II LP v. Bay Area Floorcovering, 295 Mich. App. 248 (2011). Binding state appellate chain-of-title doctrine — comparable in structural function to GA Nyankojo / Wirth, NC § 58-70-115(6) + 58-70-145/-150, and PA CACH, LLC v. Young. The Brownbark II account-level identification requirement bites hardest on debt-buyer plaintiffs whose bulk-portfolio purchase template fails the assignment-pleading standard. MCR 2.116 summary disposition is the procedural attack vehicle.

Fourth, MCL 691.1687 MUAA mandatory arbitration stay. The trial court has no discretion to refuse the stay where the Michigan Uniform Arbitration Act criteria are met. Comparable to OH R.C. § 2711.02 mandatory-stay rule. The Plaza Services arbitration playbook works in Michigan under the MUAA mandatory-stay framework.

The parts of Michigan law that are harder for defendants. Four honest framings.

(1) Michigan Collection Practices Act, MCL § 445.257 — STRUCTURALLY WEAKEST consumer-protection statute remedy in this registry by a substantial margin. The $50 statutory cap is the lowest among registry states' equivalents. Compare to CA Rosenthal ($100-$1,000 per willful violation), FL FCCPA ($1,000), TX TDCA ($100/violation no cap), OH CSPA (greater of treble or $200 per violation plus mandatory fees), NC NCDCA ($500-$4,000 per violation plus § 75-16 trebling), PA UTPCPL (treble damages plus fees). Federal FDCPA ($1,000 statutory + uncapped federal-court fees) carries the bulk of the consumer-protection counterclaim load in Michigan because the state-law ceiling is structurally lower.

(2) Wage garnishment under MCR 3.101 follows the federal floor — 25% of disposable earnings or amount above 30× federal minimum wage. Same cap most states use. Michigan is NOT Texas, North Carolina, or Pennsylvania (categorical bars). MI debtors have ordinary federal-floor wage protection — meaningful but not categorical.

(3) Michigan does NOT have a borrowing statute comparable to PA 42 Pa.C.S. § 5521(b) or OH R.C. § 2305.03. The default 6-year SOL under MCL 600.5807(9) applies in cross-state cases — defendants cannot routinely import Delaware's 3-year SOL or NC/NY's 3-year limits the way PA and OH defendants can.

(4) The 21-day Answer deadline is short by national standards (28 days if served outside MI). The MCL 600.2145 counter-affidavit step is the most commonly missed defense step by pro se defendants — generic Answers without the sworn counter-affidavit deem-admit the plaintiff's alleged balance.

Bottom line: Michigan ranks among the strongest defendant states for procedural protection (counter-affidavit rule + Small Claims bar + chain-of-title doctrine + mandatory arbitration stay) but the consumer-protection statutory remedy is structurally the weakest in the registry. The state's strength is procedural, not remedial. Federal FDCPA carries the bulk of the counterclaim load.

Days 1-2 — Read the Summons and Complaint. Identify (a) the named plaintiff; (b) the alleged amount; (c) the court tier — verify the case is in District Court General Civil, NOT Small Claims (if a debt-buyer plaintiff filed in Small Claims, this is an MCL 600.8407(1) violation supporting dismissal or transfer); (d) the case number; (e) the date of service per the proof of service. Calendar your 21-day MCR 2.108(A)(1) deadline (or 28-day deadline under (A)(2) if served outside Michigan) and set a working deadline at Day 18. CRITICAL FIRST CHECK: examine the complaint for an attached "affidavit of amount due" — if present, MCL 600.2145 requires a sworn counter-affidavit with the Answer. Schedule notarization NOW; counter-affidavits cannot be done last-minute. Examine the cardholder agreement (if attached) for an arbitration clause — if present, the MCL 691.1687 MUAA motion to compel can be filed early.

Days 3-4 — Do not pay anything. Payment can restart the SOL clock under common-law revival principles. Identify which defenses apply: Last payment more than 6 years ago? MCL 600.5807(9) SOL is in play (note: Michigan has NO borrowing statute, so the full 6 years applies regardless of original creditor's state — the PA / OH Delaware-import advantage does not exist in MI). Plaintiff a debt buyer? Read the complaint for chain-of-title allegations. If the chain is generic ("Plaintiff is the assignee of the original creditor") without specific account-level identification, MCR 2.201(B) and Brownbark II are in play, supporting an MCR 2.116(C)(8) summary-disposition motion. MCL 600.2145 affidavit attached or missing? Plan the counter-affidavit response or plead the absence as a procedural defense.

Days 5-10 — Gather records. Pull all three credit reports at AnnualCreditReport.com and find the original creditor name on the tradeline. Compare to the plaintiff named on the complaint — almost always different in debt-buyer cases. Pull every account statement, demand letter, and call log. Build a timeline. Run the SOL math under MCL 600.5807(9) (6 years from last payment).

Days 11-17 — Decide between MCR 2.116(C)(8) summary disposition and Answer. (1) MCR 2.116(C)(8) is appropriate when MCR 2.201(B) / Brownbark II / Masterspark assignment-pleading defects are facial (generic block-transfer language, missing account-level identification). Filed before or with the Answer. (2) Answer is appropriate otherwise. CRITICAL MI-SPECIFIC: if filing Answer, prepare BOTH the Answer (with paragraph-by-paragraph responses under MCR 2.111(C) and affirmative defenses under MCR 2.111(F)(2) — SOL under MCL 600.5807(9), failure to plead assignment under MCR 2.201(B) citing Brownbark II, lack of standing as real party in interest, lack of MRE 803(6) business-records foundation) AND the sworn MCL 600.2145 counter-affidavit if the plaintiff attached an amount-due affidavit. Notarize the counter-affidavit. File contemporaneously. Counterclaims if applicable: Michigan Collection Practices Act under MCL § 445.257 (actual + $50 statutory + fees — note structural cap); federal FDCPA under § 1692k for actual + $1,000 statutory + federal-court fees if the plaintiff is a debt buyer or third-party collector.

Days 18-21 — File. e-File through MiFILE where the court accepts pro se e-filing, or file in person at the District Court clerk's office. Pay the filing fee or file MCR 2.002 affidavit of indigency for fee waiver. Mail or e-serve a copy on the plaintiff's attorney with a Certificate of Service per MCR 2.107(D). Answered does not mail-file Answers in Michigan — you handle the filing yourself. File by Day 18 or 19, never Day 21. Bring notarized original counter-affidavit and copies if MCL 600.2145 applies.