Michigan Small Claims Court Without a Lawyer: What You Need to Know

The Attorney Restriction

Michigan small claims court is designed for people to represent themselves. Under MCL 600.8408, attorneys are prohibited from participating in the filing, prosecution, or defense of a small claims case — except when they are suing or being sued on their own behalf. A lawyer cannot appear at the hearing on your side, file papers for you, or speak for you in court.

This restriction is not optional. Even if you could afford an attorney, they cannot represent you in the small claims division.

What Lawyers Can Still Do

The prohibition covers courtroom representation and filing. It does not prevent you from getting legal advice before you go to court. You can:

• Consult an attorney to evaluate your claim's merits and chances
• Have a lawyer review your evidence and suggest what to bring
• Get advice on legal arguments — for example, which statute of limitations applies or how to calculate damages
• Ask a lawyer to draft your demand letter before you file

The line is clear: a lawyer can advise behind the scenes, but you walk into the courtroom alone.

Business Entity Representatives

If a corporation, LLC, partnership, or sole proprietorship is a party, the business must be represented by a full-time employee, officer, or partner who has direct personal knowledge of the disputed facts (MCL 600.8408(2)). You cannot send a hired attorney or an outside consultant. The representative needs to be someone who was actually involved in the transaction — the manager who signed the contract, the owner who dealt with the customer.

When the No-Attorney Rule Works in Your Favor

Both sides face the same restriction. If you are suing a company, their corporate counsel cannot appear against you. If a business is suing you, their lawyer stays out of the room. This levels the field in a way that general civil court does not.

The informal rules of evidence help too. You do not need to know hearsay rules, foundation requirements, or evidentiary objections. You bring your documents, explain what happened, and the judge or magistrate asks questions to fill in the gaps.

When to Consider Removal

If the case is complex — multiple parties, technical contract interpretation, large amounts of evidence — either side can demand removal to the general civil division before trial starts (MCL 600.8408, Form DC 86). Removal restores attorney representation, formal discovery, jury trial rights, and full appeal rights.

The trade-off is cost and time. General civil cases take longer, involve more procedural steps, and you may end up paying an attorney $250–400 per hour. For most disputes under $7,000, the small claims division is faster and cheaper, even without legal representation.

Practical Preparation

Without an attorney in the room, your preparation is what determines the outcome. The fundamentals:

• Organize evidence in three identical sets (judge, opposing party, your copy)
• Prepare a brief chronological summary of the facts
• Know the dollar amount you are claiming and how you calculated it
• Bring witnesses who can testify to the facts — written statements carry little weight
• Practice explaining your case in plain language, not legal jargon

The Michigan small claims filing guide is built for self-represented filers — printable worksheets, exhibit index templates, and step-by-step preparation checklists for every stage from filing through the hearing.

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