Civil court is designed for cases involving lawsuits between two or more parties seeking disputes involving amounts of $25,000 or less. You have the right to a jury trial, the right to be represented by an attorney and the right to an appeal beyond this court.
If the court decides in your favor, it does not automatically mean that the defendant will pay the judgment and costs. You may have to take additional legal steps (ie. garnishment, execution) to obtain your money, and in the end, success in collecting may depend upon whether the other party has the money to pay you.
The court does not appoint a court appointed attorney for civil matters.
Corporations must be represented by an attorney.
- Be sure that you have brought your claim against the proper party and know the party's correct address.
- Be sure that you are starting your case in the correct District Court (venue).
- Prepare Summons (MC01) and Complaint (MC01a). Forms can be obtained via these links, or from the General Civil Forms section below. To file the suit, eFile paperwork in MiFile and pay the appropriate filing fee. Filing fees are calculated based on the amount of the claim. Title and file each form separately, noting which file is the Summons and which file is the Complaint. Incorrect filings can result in delays and additional costs.
- Decide how you would like the defendant served (sheriff, deputy sheriff, bailiff, appointed court officer, attorney for a party, or by certified mail). It is your responsibility to ensure that the party is served and provide the court with proper proof of service.
- After the court processes the case from MiFile, the filer will receive an email with the forms that include the case number and Judge assigned to the case. Once received, proceed with serving the other party.
Below is a list of the commonly used General Civil Forms by the 52nd District Court, 2nd Division - Civil Division:
- Answer-Civil - MC03
- Motion and Affidavit to Set Aside Default (Civil) - MC99
- Complaint and Summons Regarding Dangerous Animal - DC118
- Summons - MC01
- Complaint - MC01a
- Motion for Second Summons and Order - MC01b
- Default Request, Affidavit and Entry - MC07
- Default Request, Affidavit, Entry and Judgment (Sum Certain) - MC07a
- Voluntary Dismissal - MC09
- Judgment, Civil - MC10
- Subpoena, Order to Appear and/or Produce - MC11
- Motion and Affidavit for Installment Payments/To Amend Order for Installment Payments - MC15
- Motion to Set Aside Order for Installment Payments - MC16
- Certificate of Satisfied Judgment - MC17
- Request and Order to Seize Property - MC19
- Notice of Judgment Lien - MC94
- Order for Administrative Closing Due to Bankruptcy - MC300
- Proof of Mailing - MC302
- Motion and Verification for Alternate Service - MC303
- Order Regarding Alternate Service - MC304
- Order - MC327
- Motion and Order to Show Cause - MC230
- Notice of Hearing and Motion - MC326
Additional General Civil Forms can be found at the Michigan Courts Website.
All fees will be paid via MIFile.
- $35.00: Claim is $600.00 and under
- $55.00: Claim is $600.01 - $1,750.00
- $75.00: Claim is $1,750.01 - $10,000.00
- $160.00: Claim is $10,000.01 - $25,000.00
- $75.00: Claim and Delivery (no Money Judgment)
- $75.00 + Civil Fee above: Supplement Fee for Money Judgment on Claim and Delivery
- $15: Discovery Subpoena, Garnishment or Seizure of Property Collections
- $20: All Motions
- $50: Jury Demand Filing Fee
Frequently Asked Questions
It is notification that you are being sued.
You have 21 days after receiving the summons to file an answer with the court and serve a copy on the other party or to take other lawful action (28 days if you were served by mail or you were served outside this state).
If you do not answer or take other action within the time allowed, a judgment may be entered against you for the relief demanded in the complaint.
If you don't dispute the claim, you could possibly work with the plaintiff's attorney to enter a Consent Judgment. A Consent Judgment is one that is agreeable to both parties.
If a Consent Judgment is not possible, an answer should be filed with the court via MiFile and a pretrial conference will be scheduled.
