Michigan Small Claims Court Costs for Defendants

Does It Cost Money to Be a Defendant?

If someone sues you in Michigan small claims court, you do not pay a filing fee just to show up and defend yourself. The plaintiff pays the filing fee when they submit Form DC 84. Appearing at the hearing and presenting your side costs nothing in court fees.

That changes if you take certain actions — filing a counterclaim, removing the case to General Civil court, or requesting post-judgment relief. Here is what each step costs and who pays.

Michigan Small Claims Filing Fee Schedule

The small-claims filing fees are tiered by claim amount under MCL 600.8420, plus a $5 electronic filing fee under MCL 600.1986:

These fees matter to you as a defendant because the plaintiff can ask the court to add filing fees to the judgment. If you lose, the magistrate can order you to reimburse the plaintiff's filing fee on top of the claim amount.

Costs You Might Incur as a Defendant

Counterclaim filing fee. A counterclaim filed in the existing small-claims case does not incur a second tiered commencement fee. You may still have service costs if you need to send the counterclaim to the other party.

Removal fee. Filing Form DC 86 to remove the case to General Civil court has no fee.

Witness subpoena costs. A trial witness receives the statutory attendance fee ($12 per day or $6 per half-day, or eligible lost work time up to $15 per day) plus mileage at the current statutory rate. The $15 Form MC 11 fee applies to a judgment-debtor examination subpoena, not a trial witness subpoena. For personal service, tender the fee at service; with registered or certified mail and acknowledgment, pay the witness after they appear.

Service of process. If you need to serve documents on the other party (a counterclaim, for example), service costs range from $12 to $45 depending on whether you use certified mail through the clerk or a private process server.

Copies and postage. Small but real — copying documents for the court and the other party, printing photos, and mailing anything you cannot file through MiFILE.

What the Losing Defendant Pays

If the magistrate rules against you, the judgment includes the claim amount plus court costs. "Court costs" in Michigan small claims typically means the plaintiff's filing fee and service of process costs. The magistrate can also award costs of the action under MCL 600.8421.

The judgment does not include the plaintiff's attorney fees — because attorneys cannot represent parties at a small-claims hearing. If the case was removed to General Civil, attorney fee recovery depends on the contract or statute underlying the claim.

Under MCL 600.6013(8), interest is calculated at six-month intervals from the date the complaint was filed, not from the date of the original dispute or the judgment. The rate is 1% plus the average interest rate paid at auctions of 5-year U.S. Treasury notes in the preceding six months, as certified by the State Treasurer.

Can You Get Your Costs Back If You Win?

Yes. If the magistrate rules in your favor and dismisses the plaintiff's claim, you can ask for any recoverable service costs to be added to your judgment. If you did not file a counterclaim or subpoena a witness, your direct costs were likely copies and transportation — and Michigan small claims does not typically award those as recoverable costs.

If you prevail on a counterclaim, the magistrate can award recoverable costs of the action under MCL 600.8421.

Fee Waivers

If paying court fees would cause genuine financial hardship, Michigan offers a fee waiver process. Form MC 20 (Affidavit and Order, Suspension of Fees/Costs) lets you request that the court waive your filing fees. You qualify if you receive means-tested public assistance or your gross household income is at or below 125% of the federal poverty guidelines. This applies to court filing fees you owe, such as post-judgment motion fees.

For a complete guide to every response option, cost consideration, and deadline as a Michigan small claims defendant, see the Michigan Small Claims Response Guide.

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