TLDR: To sue someone in Michigan, you file a complaint in the right court within the deadline for your claim. Small claims handles disputes up to $7,000, district court up to $25,000, and circuit court everything above that. Expect filing fees between $25 and $175 and anywhere from a few months to over a year of process. Keep one thing in mind before you start: winning a judgment and collecting the money are two different problems. A demand letter settles many disputes before any of this becomes necessary.
“I want to sue them.” Every civil case starts with that sentence, but very few people know what comes next. This guide walks through how a lawsuit actually works in Michigan: the courts, the deadlines, the costs, and the parts nobody mentions until you’re already in it.
Before You Sue: Three Questions That Decide Everything
Before filing anything, a good attorney will slow you down and ask three questions.
Do you have a legal claim? Being wronged and having a claim aren’t the same thing. Michigan law recognizes specific causes of action, each with elements you have to prove: breach of contract, fraud, negligence, defamation, conversion. A bad business deal is not automatically fraud, and a rude neighbor is not a lawsuit.
Can you prove it? Courts run on evidence. Contracts, texts, emails, invoices, photos, witnesses. If the story lives entirely in your memory and the other party disputes it, your case is weaker than it feels.
Can you collect? This is the question people skip. A judgment against a defendant with no assets is expensive paper. Before spending months and real money, think about whether the person or business you’re suing can actually pay.
If all three answers are yes, keep reading.
Step 1: The Demand Letter
Most disputes should start with a demand letter rather than a complaint. A proper demand letter states what happened, the legal basis for your claim, what you want (a specific dollar amount or action), and a deadline.
It works more often than people expect. The other side learns you’re organized, and settling now starts to look cheaper than defending a lawsuit. Even when it fails, the letter becomes part of the record. For some claims, pre-suit notice is legally required anyway.
Step 2: Pick the Right Court
Michigan divides civil cases by dollar amount:
| Court | Claim Size | Notes |
|---|---|---|
| Small claims (district court division) | Up to $7,000 | No attorneys at the hearing; simplified process; decisions generally not appealable |
| District court | Up to $25,000 | Full civil procedure; where most everyday disputes land |
| Circuit court | Over $25,000 | Wayne County Circuit Court for most of our clients; full discovery and a jury option |
You file where the defendant lives or does business, or where the dispute arose. For Dearborn-area defendants, that’s typically the 19th District Court or Wayne County Circuit Court.
Small claims deserves a special note. It’s designed for self-represented people, and attorneys aren’t allowed to appear at the hearing. If your dispute is under $7,000, it’s often the most cost-effective path, though you can still consult an attorney beforehand to prepare your paperwork and presentation.
Step 3: Know Your Deadline
Michigan statutes of limitations vary sharply by claim type:
| Claim | Deadline |
|---|---|
| Breach of contract | 6 years |
| Sale-of-goods contracts (UCC) | 4 years |
| Personal injury | 3 years |
| Property damage | 3 years |
| Fraud | 6 years |
| Defamation | 1 year |
The clock usually starts when the harm occurs, not when you discover it, with narrow exceptions. Defamation’s one-year window surprises people constantly. If any deadline might be close, get legal advice before doing anything else.
Step 4: File and Serve
The lawsuit formally begins when you file a complaint, the document laying out your factual allegations and legal claims, and the court issues a summons. Filing fees run roughly $25 to $150 in district court depending on claim size, and $175 in circuit court.
You then have to serve the defendant: formal delivery of the complaint and summons, usually by a process server or certified mail under Michigan’s court rules. Serving someone wrong is one of the most common self-represented mistakes, and it can sink an otherwise good case.
Once served, the defendant generally has 21 days to answer (28 in some circumstances, such as service by mail). If they ignore it, you can pursue a default judgment. If they answer, the case is contested and moves forward.
Step 5: Discovery, Mediation, and (Rarely) Trial
In district and circuit court, the middle of a lawsuit is discovery: written questions, document requests, and depositions. This is usually where a case gets won, or where both sides learn what a settlement should cost. It’s also where most of the attorney time and expense goes.
Michigan courts routinely order mediation or case evaluation before trial, and it works. The overwhelming majority of civil cases settle, and very few reach trial. A contested case typically takes a year or more from filing to resolution; small claims often resolves in a couple of months.
Step 6: Collecting, Which Is Where Cases Are Really Won
Winning gets you a judgment. Getting paid is a separate process. If the defendant doesn’t pay voluntarily, Michigan law gives you collection tools:
- Wage garnishment, which sends a portion of the debtor’s paycheck to you
- Bank garnishment, which takes funds directly from their accounts
- Judgment liens on real estate, paid when the property sells or refinances
- Seizure of non-exempt property through a court officer
Each tool requires knowing where the debtor works or banks, and each has paperwork and fees. Judgments also accrue interest and can be renewed, so a debtor who’s broke today may be collectable in five years. But this is exactly why collectability belongs at the start of your analysis instead of the end.
Key Takeaway: The lawsuit itself is the middle of the story. The beginning is an honest assessment of your claim, your evidence, and the defendant’s ability to pay. The end is collection. An attorney who talks to you about all three before filing is doing it right.
When It’s a Business Dispute
If the person you want to sue is a business partner, a co-member of your LLC, or the other side of a commercial contract, the analysis changes. Governing documents, fiduciary duties, and statutory remedies come into play before general litigation rules do. We’ve written separately about business partnership disputes in Michigan and what a breach of contract claim requires. Our civil litigation practice handles both sides of these cases across Wayne County.
Frequently Asked Questions
How much does it cost to sue someone in Michigan?
Filing fees run roughly $25 to $150 in district court depending on the claim amount, and $175 in circuit court. That covers only the filing fee. Service of process, discovery costs, and attorney fees are all separate. Many civil litigation attorneys bill hourly for this kind of case; contingency arrangements are common in injury cases but less so in contract and business disputes. Ask any attorney you consult how they bill before you commit.
How long do I have to sue someone in Michigan?
It depends on the claim. In Michigan, most breach of contract claims carry a six-year deadline, personal injury and property damage claims three years, and defamation claims just one year. The clock generally starts when the wrong occurs, not when you discover it, with limited exceptions. If your deadline is close, talk to an attorney before anything else. A missed statute of limitations usually ends the case permanently.
Do I need a lawyer to sue someone?
Not always. Small claims court (up to $7,000) is designed for people without attorneys. In fact, lawyers aren’t allowed to represent parties at the hearing itself. Above that amount, you can technically represent yourself in district or circuit court, but you’ll face procedural rules, discovery obligations, and probably an opposing attorney. Corporations and LLCs generally must be represented by an attorney in Michigan courts outside of small claims.
What happens if I win my lawsuit but the other side won’t pay?
Winning a judgment doesn’t put money in your pocket by itself. If the losing party won’t pay voluntarily, you move to collection: wage garnishment, bank account garnishment, liens on real estate, or seizure of non-exempt property. Collection is its own process with its own paperwork, and it only works if the debtor has income or assets to reach. That’s why smart plaintiffs assess collectability before filing instead of after winning.
How long does a civil lawsuit take in Michigan?
Small claims cases are often heard within a couple of months. A contested district or circuit court case typically runs a year or more from filing to trial, depending on the court’s docket, the amount of discovery, and whether the parties attempt mediation. Most civil cases settle before trial, often once discovery has shown both sides where they stand.
Should I send a demand letter before suing?
Usually, yes. A well-drafted demand letter resolves a meaningful share of disputes without a lawsuit. It frames the legal claim and gives the other side a deadline and a number, and it creates a record that helps you later if you do file. Some claims also require written notice before you can file at all.
Conclusion
Suing someone in Michigan follows a defined sequence: demand letter, the right court, timely filing, proper service, discovery, and then collection whether you win or settle. The cases that end well are usually the ones that got an honest assessment before anything was filed. If you’re weighing a lawsuit in Wayne County, contact our team and we’ll tell you directly whether your case is worth bringing and what it will actually take.
