How To Answer a Michigan Court Summons for Debt Collection
Responding to a Michigan debt collection lawsuit within 21 days protects you from default judgment. File an answer form with the court, serve the plaintiff, and complete a certificate of service. Simply responding gives you a fighting chance to defend yourself and potentially win your case.
Answer Your SummonsYou received a court summons in Michigan for unpaid debt. You need to respond within 21 days if served in Michigan. You have 28 days if served outside the state. File a written answer with the court named in your summons. Make copies and deliver one to the plaintiff suing you. Complete a certificate of service form after serving the plaintiff.
How Do Debt Collection Lawsuits in Michigan Work?
Credit cards, medical bills, and utilities cause most Michigan debt problems. Fall behind on payments and your debt goes to collections. Debt collectors may file a lawsuit against you.
Respond to Your Michigan Debt Lawsuit in Minutes
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Draft Your Answer NowYou receive a summons and complaint when sued for unpaid debt.
The District Court handles most Michigan debt collection cases. Cases under $25,000 go to District Court.
- Cases of $7,000 or less go to the Small Claims Division
- Cases between $7,000 and $25,000 go to the General Civil Division
What Is a Summons and Complaint?
A summons notifies you that someone filed a lawsuit. The document comes from the court. It includes your deadline to respond.
The complaint details the allegations against you. Debt collectors claim you owe money. They state when you last paid. They list how much they think you owe.
Debt collectors request a money judgment if they win. A judgment is a court order forcing you to repay. You may owe interest, legal fees, and court costs too.
How Do You Respond to a Michigan Court Summons?
You have 21 or 28 days to file your answer. The timeframe depends on where you were served.
Submit your answer form to the court listed on the summons. Deliver a copy to the plaintiff suing you. Complete the certificate of service section on your form.
Worried about responding alone? Our partner Solo can help you draft an answer letter. They charge a small fee with a money-back guarantee. Over 300,000 people have used their service.
How Do You Fill Out and File an Answer Form?
Download an answer form online or request one at the courthouse. Follow these steps to complete it.
You can also use Law Help Interactive to generate your forms for free.
Step 1: Address Each Complaint Allegation
Respond to each allegation from the complaint. The allegations appear in numbered paragraphs.
Mark agree, disagree, or do not know for every paragraph. Your responses must match the complaint paragraph numbers.
Review the Michigan answer form carefully before filling it out.
Step 2: Raise Your Defenses and Counterclaims
Add affirmative defenses on the last page. State why the plaintiff should not receive a judgment. Tell your side of the story here.
Common Affirmative Defenses in Michigan Debt Collection Cases
You can use several affirmative defenses in debt collection cases. Michigan makes this easy with a checklist on the answer form.
Check the box next to defenses that apply to you. Fill in any supporting information requested.
Common defenses include:
- The statute of limitations expired on the debt
- You already paid the debt
- The amount claimed is incorrect
- The plaintiff lacks proof you owe the debt
- Identity theft or fraud occurred
Step 3: File Your Forms With the Court Clerk
File within 21 days if served in Michigan. You have 28 days if served outside Michigan or by mail.
Make 2-3 copies before filing:
- File one copy with the court on the summons
- Keep one copy for your records
- Deliver one copy to the plaintiff
Each court has different filing rules. Check with your court clerk about filing options. You may file in person, by mail, or electronically.
Step 4: Deliver a Copy to the Plaintiff
Send or deliver a copy to the debt collector after filing. Formal delivery is called service.
Two service methods work in Michigan:
- Personal service by a third party or process server
- First-class mail through USPS
Serve the debt collector’s attorney if they have one. Check your court documents to find the correct name and address.
Step 5: Complete the Certificate of Service
Fill out the certificate of service section after serving the plaintiff. Complete this on your two remaining copies.
File one copy with the court. Keep one for your records.
The certificate proves you served the plaintiff or their lawyer.
What Happens After You Respond to the Lawsuit?
Wait to hear from the court after submitting your paperwork. Verify the court has your correct mailing and email addresses.
You should receive a notice about a hearing or mediation. Call the court clerk if you cannot make the scheduled date. Missing a hearing can cause you to lose the case.
How To Prepare for Court Appearances
Prepare yourself to ease anxiety about court. Do your research beforehand. Organize your paperwork.
Arrive early on your court date. Bring documentation that proves your affirmative defenses. Evidence supporting your claims strengthens your case.
What Happens if You Don’t Respond?
You will likely lose by default without a response. The judge issues a default judgment against you.
A default judgment allows the debt collector to pursue collection methods. They can garnish your wages. They can levy your bank account. They may repossess your vehicle.
Responding is the most important thing you can do. Debt collectors count on you not showing up. They want an easy win. Simply responding gives you a fighting chance.
What If the Court Already Issued a Default Judgment?
File a Motion to Set Aside Default if you already have a judgment. The motion gives you an opportunity to present your side. Michigan Legal Help offers a free tool to file this motion.
You typically have 21 days from the judgment date to file. An exception exists if you were not personally served. The 21-day rule does not apply in that situation.
You must prove good cause for missing the deadline. You also need one or more valid defenses. Willfully ignoring the lawsuit does not count as good cause.
A reasonable excuse plus a valid defense can set aside the default.
Need Legal Help in Michigan?
Michigan Legal Help offers free resources for residents needing legal assistance. They provide a Do-It-Yourself Civil Answer Form guide. Their Guide to Legal Help feature connects you with legal resources.
The State Bar of Michigan runs a legal resource and referral center. Find links to legal aid agencies offering free or low-cost help. Low-income individuals qualify for free assistance. The Modest Means Program helps moderate-income individuals access affordable legal help.
Our partner Solo can draft and send your answer for you. They charge a small fee but offer a money-back guarantee.