Alternatives to Ignoring a Michigan Small Claims Lawsuit
If you've been served with Form DC 84 in Michigan and you're thinking about ignoring it — not showing up to the hearing, not responding, hoping it goes away — here's what can happen: if the plaintiff appears and proper service is verified, the court can enter a default judgment against you for the amount requested plus allowable court costs. That judgment is enforceable. After the 21-day execution stay, the plaintiff may pursue collection through wage garnishment, bank garnishment, or property execution. And "I didn't think it was worth showing up" is not good cause to set the default aside later.
The good news: every alternative to ignoring the lawsuit is better than ignoring it. You have at least five options that cost less time and money than dealing with a default judgment.
What Happens When You Don't Show Up
When a defendant fails to appear and the plaintiff is present, the court verifies proper service under MCR 4.303 and may enter a default judgment for the requested amount plus allowable court costs:
- The clerk checks Form DC 84p to confirm service was completed at least 7 days before the hearing
- The judgment is entered on Form DC 85
- After a 21-day execution stay, the plaintiff may pursue collection — periodic wage garnishment via Form MC 12, bank garnishment via Form MC 13, or property execution
- Post-judgment interest accrues under MCL 600.6013
- The judgment remains a public court record and can appear in tenant-screening or background-check databases; major credit bureaus do not include civil judgments on standard credit reports
Setting aside a default judgment requires filing Form MC 99 with an affidavit showing both "good cause" and a meritorious defense. If you were personally served, file within 21 calendar days after entry; if you were not served, a separate void-judgment ground may allow a motion within a reasonable time.
The Five Better Alternatives
1. Show Up and Dispute the Claim
If you believe the claim is wrong — the amount is inflated, the facts are different from what the plaintiff alleges, or you don't owe the money — your strongest option is appearing at the hearing with organized evidence.
What it requires: Gathering your documents (contracts, photos, receipts, text messages, bank records), organizing them into three sets (one for the magistrate/judge, one for the plaintiff, one for you), and presenting your side clearly.
Time commitment: A few hours of preparation plus the hearing itself (typically 15-45 minutes).
Best when: You have documentation that contradicts the plaintiff's claim, or the amount demanded doesn't match the actual damage or debt.
Michigan Small Claims hearings are informal. No formal rules of evidence, no legal jargon required. The magistrate or judge asks questions, listens to both sides, and decides. You don't need to be a legal expert — you need to be organized and truthful.
2. Settle Before the Hearing
You can contact the plaintiff (or the person who filed the claim) and negotiate a resolution before the hearing date. Many plaintiffs prefer a guaranteed settlement over the uncertainty of a hearing.
What it requires: A conversation (phone, email, or in person) where you agree on a number and payment terms, then filing the paperwork with the court.
Paperwork: Dismissal (Form MC 09) if the plaintiff agrees to drop the case after payment, or Consent Judgment (Form DC 85) if the agreement should be court-enforceable.
Best when: You acknowledge some or all of the debt, you can negotiate a lower amount, or you want to control the payment terms instead of having a judgment dictate them.
Settling is not admitting you were wrong. It's a business decision. Paying $2,000 to resolve a $4,000 claim — without the stress, time, and uncertainty of a hearing — is a rational choice in many cases.
3. File a Counterclaim
If the plaintiff owes you money from the same transaction — a contractor who damaged your property while doing the work they're suing you for, a landlord who kept your security deposit illegally while suing for back rent — you can file a written counterclaim for up to $7,000.
What it requires: A written statement describing what the plaintiff owes you and the amount, submitted to the court clerk before the hearing date.
Best when: The underlying transaction goes both ways. Common examples: a contractor sues for unpaid work but left the job unfinished; a landlord sues for damages but didn't provide a timely itemized notice of claimed damage within 30 days under MCL 554.609; a buyer sues for a refund but you never received the returned merchandise.
Important: A counterclaim doesn't cancel your obligation to appear at the hearing. Both claims are heard at the same time.
4. Request Installment Payments
If you owe the money and can't pay a lump sum, you can appear at the hearing, acknowledge the debt, and request a structured payment plan. After judgment is entered, Form MC 15 (Motion for Installment Payments) formalizes a monthly payment arrangement approved by the court.
What it requires: Appearing at the hearing, being straightforward about your financial situation, and filing Form MC 15 with its required financial disclosures.
Best when: The claim is valid, you don't have a defense, but you need time to pay. A court-approved installment order stops periodic wage garnishment while you keep payments current.
This is the option most defendants don't realize exists. You don't have to choose between paying everything at once or having your wages garnished. If the court grants the request, its Form MC 15a order stops periodic wage garnishment while you keep payments current.
5. Remove the Case to General Civil Court
If your case is complicated — it involves complex legal questions, the amount is near the $7,000 cap, or you want an attorney to represent you — you can file Form DC 86 (Demand for Removal) before trial begins to move the case from Small Claims to the General Civil Division.
What it provides: Attorney representation, jury trial rights, formal discovery (depositions, interrogatories, document requests), and full appellate review.
The tradeoff: Once the court enters the removal order, you have 14 calendar days to file a written answer. Missing that deadline can lead to a default judgment in General Civil — the same outcome as not showing up to Small Claims, but now in a division with higher stakes and costs.
Best when: The plaintiff is represented by an attorney (who removed the case to get there), the case involves legal complexity beyond factual disputes, or you need formal discovery to build your defense.
The Cost of Doing Nothing vs. The Cost of Each Alternative
| Option | Your Cost | Your Time | Risk Level |
|---|---|---|---|
| Ignore the lawsuit | $0 up front — then the judgment plus garnishment/levy costs | None up front — then months of collection proceedings | High risk: default judgment for the requested amount plus allowable costs |
| Dispute at hearing | $0 (no filing fee for defendants) | A few hours prep + hearing day | Moderate: depends on your evidence |
| Settle before hearing | Negotiated amount (often less than full claim) | A few hours of negotiation | Low: you control the outcome |
| Counterclaim | Confirm any filing fee with the court clerk before filing | A few hours prep + hearing day | Moderate: both claims are decided |
| Installment payments | Full judgment amount, spread over time | Hearing day + MC 15 filing | Low: an approved MC 15a order stops periodic wage garnishment while payments are current |
| Remove to General Civil | Form DC 86: $0; attorney fees if you hire counsel ($750–$2,000+) | Weeks to months of formal litigation | Variable: depends on case complexity |
The Michigan Small Claims Response Guide covers all five alternatives in detail — including the Form DC 84 decoder, a deadline tracker for every critical date, evidence preparation organized by dispute type, and the hearing logistics for both in-person and Zoom formats. It's built for defendants who need to understand their options fast.
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Who This Is For
- Michigan residents who've been served with Form DC 84 and are unsure whether to respond
- Defendants who feel overwhelmed and are considering not showing up
- Anyone who thinks the claim might not be worth fighting — even when it is
- People who don't realize they have options beyond "show up and argue" or "ignore it"
Who This Is NOT For
- Defendants in debt-collection lawsuits from credit card companies, debt buyers, or collection agencies — those lawsuits follow different procedures and may have additional defenses available
- People who've already had a default judgment entered and need to decide about a set-aside motion (see our post on setting aside a Michigan small claims default judgment)
- Plaintiffs considering whether to file a small claims case
Frequently Asked Questions
What if the amount they're suing for is wrong?
Show up and dispute it. The plaintiff's claimed amount on Form DC 84 is an allegation, not a finding. At the hearing, you present your evidence of the actual amount (if any). The magistrate or judge can award less than claimed, the full amount, or nothing. But if you don't show up, the court typically enters judgment for the full amount claimed.
Can I ignore the lawsuit if I think it's frivolous?
No. If you don't appear and the plaintiff does, the court may enter a default judgment after verifying service, even if you believe the claim is baseless. Show up, present your side, and let the magistrate or judge decide. You may even be awarded your court costs.
What if I can't make the hearing date?
File Form MC 309 (Order for Adjournment) or contact the court clerk to request a continuance. You need a legitimate reason — medical emergency, prior unavoidable court appearance, or similar. Settlement negotiations and "I need more time" are generally not sufficient without the plaintiff's agreement. The key point: request the adjournment formally. Don't just skip the hearing.
How long do I have before the default judgment affects me?
After a default judgment is entered, there's a 21-day execution stay before the plaintiff may pursue garnishment or property execution. During those 21 days, you can file Form MC 99 with an affidavit showing good cause and a meritorious defense, or file Form MC 15 for installment payments. Filing an MC 99 motion does not automatically stay enforcement. After 21 days, the plaintiff may begin collection activity.
Is it worth fighting a small claim under $500?
Yes, if the claim is wrong. A $500 default judgment doesn't stay at $500 — post-judgment interest accrues under MCL 600.6013, the plaintiff recovers filing fees and service costs on top of the judgment, and the judgment sits on court records. Showing up to a hearing costs you a few hours. A default judgment you could have prevented costs you money and creates a public record.
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