Michigan’s Small Claims Division — part of every District Court statewide — handles civil claims up to $7,000, raised from $6,500 in 2024 under Public Act 60, the first increase since 2012. Like California, Michigan takes the unusual step of banning attorneys entirely from Small Claims Division hearings under MCL § 600.8408 — both sides must represent themselves, or a party seeking counsel must formally move the case to the general civil docket before trial.
But the single most distinctive feature of Michigan small claims practice has nothing to do with contracts or security deposits at all: the mini-tort claim. Because Michigan operates under a no-fault auto insurance system, drivers who pay their own insurance deductible after an accident cannot simply sue the at-fault driver’s insurer directly for that amount — instead, Michigan created a dedicated small claims mechanism, capped at $3,000, letting a driver recover their deductible and related expenses directly from the at-fault driver. This is a genuinely unique feature not found in any other state in this guide series. This guide covers the complete Michigan process — the standard small claims track, the mini-tort track for auto accidents, the tiered filing fees, and the specific collection tools, including a built-in installment-payment protection that can block garnishment entirely.
Michigan Small Claims — Fast Facts (2026)
- Claim Limit
- Up to $7,000
- Mini-Tort (Auto Deductible) Limit
- Up to $3,000 (more if defendant is uninsured)
- Court Name
- Small Claims Division of District Court
- Attorneys
- Not permitted — MCL § 600.8408
- Filing Fee
- $30 / $50 / $70 (tiered by claim size)
- Statute of Limitations
- 6 years (contracts) / 3 years (property damage)
- Appeal
- Waived by filing — remove case before trial to preserve
- Post-Judgment Interest
- ~5–6% (set semi-annually) — MCL § 600.6013
- Wait Before Enforcement
- 21 days after judgment
- E-Filing
- Required statewide via MiFile (limited exemptions)
What Makes Michigan Small Claims Different
1. The Mini-Tort Claim — Unique to Michigan’s No-Fault System
Michigan is a no-fault auto insurance state, which normally means drivers turn to their own insurance for vehicle repairs rather than suing the other driver directly. But the no-fault system leaves a gap: the deductible you pay out of pocket. Michigan’s mini-tort provision fills that gap by allowing you to sue the at-fault driver directly in Small Claims Division for up to $3,000 — covering your deductible plus related expenses like a rental car or transportation to repair shops.
To qualify for a mini-tort claim:
- The accident must have involved a motor vehicle
- You must have used your own insurance (paying a deductible) rather than claiming directly against the at-fault driver’s liability policy
- The at-fault driver’s identity and insurance information must be known and reasonably available
- Liability must be clear — if both parties share fault, a mini-tort claim is not the appropriate remedy
- You must not have already signed a release or settlement covering the accident
If your actual damages exceed $3,000, your recovery is still capped at that amount in a mini-tort claim — you cannot recover more through this specific mechanism even with strong documentation. If the at-fault driver had no insurance, you may file for more than $3,000, but you must include a letter from an insurance company confirming the driver was uninsured. For most deductible-recovery situations, however, Small Claims Division’s lower cost and simpler procedure make it the more practical choice over the general civil docket.
2. Attorneys Are Banned — Even More Strictly Than Some Other No-Attorney States
Under MCL § 600.8408, Michigan’s Small Claims Division is designed exclusively for self-represented parties, and attorneys are generally not permitted to represent either side at the hearing. Corporations and LLCs may still appear — through an officer or full-time employee — but not through outside counsel, unless the case is first removed to the general civil docket. This mirrors California’s approach but applies with particular rigidity in Michigan, where the tradeoff for this informal, attorney-free forum is that both parties also waive their right to a traditional appeal.
3. No Traditional Appeal — You Waive It by Choosing Small Claims
By filing in (or agreeing to be heard in) the Small Claims Division, both parties waive the right to appeal the outcome. If you want to preserve appeal rights — or the ability to have an attorney — you or the defendant must file a Demand and Order for Removal to move the case to the general civil docket of District Court before the trial begins. Once the small claims hearing has taken place, this option is generally no longer available. If your case involves a genuinely disputed legal question or a defendant you expect to fight hard, consider whether removal before trial makes more sense than proceeding informally.
4. Post-Judgment Interest Adjusts Twice a Year
Unlike states that set a single fixed annual post-judgment interest rate, Michigan recalculates its rate semi-annually under MCL § 600.6013 — currently running approximately 5% to 6% in 2026. If your case remains uncollected for an extended period, confirm the current applicable rate rather than assuming it stays constant throughout the life of the judgment.
5. Installment Payments Can Block Garnishment Entirely
A Michigan defendant who cannot pay the judgment in a lump sum may file a Motion and Order for Installment Payments (Forms MC 15 and MC 15a). If the court grants this motion, wage garnishment is prohibited as long as the defendant stays current on their installment payments. If you are a judgment creditor and your garnishment attempt suddenly fails or is blocked, check whether the defendant has an approved installment order in place before assuming they simply have no attachable wages.
Michigan Small Claims Filing Fees (2026)
| Claim Amount | Filing Fee |
|---|---|
| Up to $600 | $30 |
| $600.01 – $1,750 | $50 |
| $1,750.01 – $7,000 | $70 |
Service by certified mail with return receipt requested typically adds about $30; personal service by a court officer or licensed process server costs more and varies by court and mileage. If you win, the magistrate can order the defendant to reimburse your filing and service costs — but note that lost wages, transportation costs, and other personal expenses from attending court are not recoverable in a small claims judgment.
Step-by-Step: How to File in Michigan
Step 1 — Send a Demand Letter
Michigan does not require a demand letter before filing, but sending one by certified mail with return receipt requested is good practice and strengthens your case at the hearing.
Step 2 — Confirm the Correct District Court
File where the defendant resides or does business, or where the cause of action arose. Michigan’s District Courts are organized geographically by township and city combinations that can be non-obvious — for example, one district court division may cover several named townships and villages. Confirm the correct district for your specific address using the Michigan Courts website before filing.
Step 3 — Complete the Affidavit and Claim
Michigan’s small claims filing document is called an Affidavit and Claim (Form DC84), available from your district court clerk or the Michigan Courts SCAO forms page. Include:
- Your name and address
- The defendant’s full legal name and address
- The exact amount you are claiming
- A clear description of why the defendant owes you money
For a mini-tort auto claim exceeding $3,000 due to the defendant’s lack of insurance, attach a letter from an insurance company confirming the defendant was uninsured, along with a copy of the police report and a repair estimate.
Step 4 — File and Pay the Fee
Most Michigan district courts require civil filings through MiFile, the state’s mandatory e-filing system, with limited exemptions under MCR 1.109(G)(3)(g)-(i). Pay the applicable tiered fee ($30, $50, or $70) at filing.
Step 5 — Serve the Defendant
Under MCR 2.105, service options include personal service by a court officer or licensed process server, or certified mail with return receipt requested (restricted delivery, requiring the individual defendant to personally sign). Certified mail is generally the most common and least expensive method. File proof of service with the court before the hearing date, or the case may be adjourned.
Step 6 — Prepare Your Evidence
Bring your contract, receipts, photographs, and any correspondence. For mini-tort claims specifically, bring the police report, your repair estimate or invoice, and proof of your insurance deductible payment.
Step 7 — Attend the Hearing
Cases are heard by a magistrate and are typically resolved in a single hearing. Court staff can provide procedural assistance but — as in every state — cannot give legal advice or help complete your forms. If you need substantive legal help beyond basic procedure, Michigan Legal Help is the state’s dedicated self-help resource.
How to Collect Your Michigan Small Claims Judgment
You must wait 21 days after the judgment is signed before pursuing most enforcement actions, giving the defendant time to voluntarily pay or provide asset information. The court does not collect the judgment for you — collectability should be a consideration before you even file, since a valid judgment against a defendant with no attachable assets is difficult to enforce regardless of how clearly you win.
Step 1 — Review the Defendant’s Asset Disclosure
The judgment is typically mailed to the defendant along with an “Affidavit of Judgment Debtor” form. If the defendant completes and returns this form but the information provided is not sufficient for collection purposes, you may then request a Discovery Subpoena.
Step 2 — Periodic Writ of Garnishment (Wages and Recurring Payments)
Use Form MC 12 to garnish the defendant’s wages, rent payments, land contract payments, or other periodic debts owed to them. Filing fee: $15, plus a service fee. This writ generally remains valid for up to 182 days under MCR 3.101, though the exact active withholding period can vary by specific court — confirm with your district court. Federal law caps wage withholding at 25% of disposable earnings. Income from welfare, unemployment compensation, and Social Security is not subject to garnishment.
Step 3 — Non-Periodic Writ of Garnishment (Bank Accounts and One-Time Property)
Use Form MC 13 to garnish the defendant’s bank account or other one-time property held by a third party. Filing fee: $15, plus a service fee. Once funds are garnished — or the garnishee reports no available funds — that specific writ is no longer valid. If a balance remains on the judgment, you must file another writ to continue collection.
Step 4 — Writ of Execution (Non-Exempt Personal Property)
Use Form MC 19 to have a court officer seize non-exempt personal property belonging to the defendant, which can then be sold to satisfy your judgment. Filing fee: $15, plus a service fee.
Step 5 — Discovery Subpoena (If You Cannot Locate Assets)
If you do not know where the defendant lives, works, or banks, or what assets they have, file a Discovery Subpoena (Form MC 11) — but only after the required 21-day waiting period from the date the judgment was signed. Complete both the front of the subpoena and the accompanying affidavit for judgment debtor examination on the back. A judge must sign the subpoena before it takes effect, and the defendant must then be formally served with a copy. The court schedules a hearing at which the defendant is required to disclose their income and assets under oath.
Step 6 — Show Cause Hearing
If the defendant does not pay, begin paying, or complete the required Affidavit of Judgment Debtor form within 21 days of the judgment, you may submit a written request asking the court to schedule a Show Cause hearing to compel compliance.
Installment Payments Block Garnishment
If the defendant has filed and received court approval for a Motion and Order for Installment Payments (Forms MC 15/MC 15a), wage garnishment cannot proceed as long as those payments remain current. Confirm whether such an order exists before assuming a garnishment attempt has simply failed for lack of wages.
Satisfaction of Judgment
Once the defendant has paid the full amount, you are required to immediately file a Satisfaction of Judgment (Form MC 17) with the court.
Judgment Collection Window
You generally have up to 6 years from the date of your small claims judgment to pursue collection, with statutorily approved interest accruing throughout that period under MCL § 600.6013.
Michigan Statute of Limitations
| Claim Type | Period | Statute |
|---|---|---|
| Written contract | 6 years | MCL § 600.5807(8) |
| Oral contract | 6 years | MCL § 600.5807(8) |
| Property damage (including mini-tort) | 3 years | MCL § 600.5805 |
For mini-tort auto claims specifically, filing sooner rather than waiting close to the 3-year deadline is strongly advisable — the longer you wait, the harder it becomes to locate witnesses, obtain detailed insurance records, and ensure the at-fault driver’s information remains current. Filing within six months to a year of the accident is generally the safest practice, even though the formal deadline is 3 years.
Frequently Asked Questions — Michigan Small Claims Court
What is the small claims limit in Michigan in 2026?
$7,000 under MCL § 600.8401, raised from $6,500 in 2024 under Public Act 60. Claims above this amount must go to the general civil docket of District Court or Circuit Court.
What is a mini-tort claim in Michigan?
A special small claims action, unique to Michigan’s no-fault insurance system, letting a driver who paid their own insurance deductible after an accident recover up to $3,000 directly from the at-fault driver. You may exceed $3,000 only if the at-fault driver was uninsured, supported by an insurance company’s confirmation letter.
Are attorneys allowed in Michigan small claims court?
No — MCL § 600.8408 bars attorney representation in the Small Claims Division. A party wanting counsel must file a Demand and Order for Removal to the general civil docket before trial.
How much does it cost to file in Michigan?
$30 for claims up to $600, $50 up to $1,750, and $70 up to $7,000. Certified mail service typically adds about $30.
What is the statute of limitations for small claims in Michigan?
Written and oral contracts: 6 years. Property damage, including mini-tort claims: 3 years from the date of the accident, though earlier filing is strongly recommended for mini-tort cases specifically.
How do I collect a judgment in Michigan?
After a mandatory 21-day wait, pursue a Periodic Writ of Garnishment (wages, Form MC 12), a Non-Periodic Writ of Garnishment (bank accounts, Form MC 13), or a Writ of Execution (personal property, Form MC 19). If you cannot locate assets, use a Discovery Subpoena (Form MC 11).
Can a defendant stop wage garnishment by making payments?
Yes — a court-approved Motion and Order for Installment Payments blocks wage garnishment entirely as long as the defendant stays current.
How long does a Michigan wage garnishment last?
Generally up to 182 days under MCR 3.101, though the exact active period can vary by court — confirm with your specific district court.
Can either party appeal a Michigan small claims judgment?
No traditional appeal exists — both parties waive that right by proceeding in Small Claims Division. To preserve appeal rights, file a Demand and Order for Removal to the general civil docket before trial.
How does Michigan’s e-filing system work for small claims?
Michigan requires most civil filings through the statewide MiFile e-filing system, with limited exemptions under MCR 1.109(G)(3)(g)-(i).
Next Steps
- How to Write a Demand Letter
- How to Collect Money After Winning
- What Evidence to Bring to Small Claims Court
- How to Respond If You Are Being Sued
- Browse All 50 State Guides
Sources
- Michigan Courts — Small Claims Forms: courts.michigan.gov
- MCL § 600.8401 (Small Claims Division jurisdiction — $7,000 limit; Public Act 60 of 2024)
- MCL § 600.8408 (No attorney representation in Small Claims Division)
- MCL § 600.5807(8) (6-year written and oral contract SOL)
- MCL § 600.5805 (3-year property damage SOL)
- MCL § 600.6013 (Post-judgment interest, set semi-annually)
- MCL § 600.6001 et seq. (Enforcement of judgments)
- MCL § 600.2559 (Process service and mileage fees)
- Michigan Court Rule 3.101 (Garnishment procedure)
- Michigan Court Rule 2.105 (Service of process)
- Michigan No-Fault Insurance Act — Mini-Tort provision
- Oakland County 52nd District Court (Divisions 1, 2, 4) — Small Claims and Garnishment procedures
- Redford Township 17th District Court — Small Claims Court guide
- Macomb County 42-1 District Court — MiFile e-filing requirements
- 37th District Court — Small Claims judgment collection guidance
- Sigal Law Firm — Michigan Mini-Tort Claims Overview
