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Michigan Small Claims Court Limits in 2026: What Cases Qualify

July 16, 2026 SmallClaims 12 min read

By the founder of SmallClaims

Michigan's Small Claims Division only handles cases where money is the remedy you want — and it caps what it can award. We are re-checking the exact cap (see the note below), but the qualifying rules below do not depend on the precise figure.

This post walks through what qualifies, what doesn't, how filing fees break down by claim size, and what happens when your dispute sits right at the edge of the limit. We'll use a realistic scenario at each step so you know exactly where your case fits before you fill out a single form.

Quick AnswerMichigan's Small Claims Division (District Court) hears money claims up to $7,000 (MCL 600.8401) — a claim of exactly $7,000 still qualifies. Claims must seek money only — no evictions, no injunctions. Intentional torts, fraud, libel, slander, assault, and battery are barred under MCL 600.8424(1), with narrow exceptions for dishonored-check claims and Michigan Consumer Protection Act cases. Filing fees run about $30–$70, tiered by claim size (treat as a guide, not a quote). Attorneys are prohibited under MCL 600.8408(1). We do not publish a Michigan filing deadline — ask the clerk.

The Money Ceiling: Where It Comes From and What It Means

The Michigan cap is $7,000. MCL 600.8401 gives the Small Claims Division jurisdiction over money claims that do not exceed $7,000 — checked against the statute, so a claim of exactly $7,000 is within it. Legislatures do raise these caps, so confirm the current figure from the Michigan courts small claims page or from the clerk of your district court before you decide what to claim. Everything else on this page — what qualifies, what is barred, how the waiver works — holds regardless of which figure is right.

The Small Claims Division has jurisdiction over cases for the recovery of money up to a set jurisdictional amount. The ceiling is a hard cap on what the court can award, not on what you're owed. A person with a claim above the cap may still bring it in the small claims division, but cannot claim or recover more than the jurisdictional amount.

That trade-off is the part worth understanding before you file: if your damages exceed the cap and the case is decided in the small claims division, you give up the right to the excess — and you cannot file a second case to collect the balance. So if a contractor owes you meaningfully more than the cap, find out the exact current figure first, because the decision to file in small claims is the decision to waive the difference.

If you want to pursue the full amount, you have options. Claims above the small claims cap can be filed on the general civil docket of District Court, or in Circuit Court for larger amounts. The civil docket involves formal pleadings, evidence rules, and typically a longer timeline — but you keep every dollar you're owed. Ask the clerk which docket your amount belongs on.

Scenario: The Contractor Who Left the Job Half-Done

Hypothetical scenario for illustration purposes only — not a real case.

Imagine you paid a Grand Rapids contractor $5,800 upfront to remodel a bathroom. He walked off the job after framing and never returned. You want your money back. Here's how the rules apply at each decision point.

Step 1 — Does the amount fit? $5,800 is under the $7,000 cap, so the Small Claims Division can hear it and you waive nothing. Had the contractor taken $8,500, you would face the real trade-off: file here and permanently give up the $1,500 above the cap, or file in the general civil division for the full amount.

Step 2 — Is it a money claim? Yes — you want a refund, not a court order forcing him to finish the work. The small claims division may only award money judgments and cannot issue any decision requiring specific performance, such as transferring specific property or recovering possession of premises. If what you actually wanted was the contractor to finish the job, small claims is the wrong court.

Step 3 — Is the claim type allowed? A breach-of-contract claim for money paid and not delivered is exactly what small claims is designed for. The purpose of the small claims division is to handle relatively minor civil cases for which the recovery of money is the primary purpose in an efficient, uncomplicated, inexpensive, and fair manner.

Step 4 — Are you within the deadline? This is the one number on this page we will not give you. A limitation period is the single figure where being wrong ends the claim outright — file a day late and the case is dismissed with no remedy — so we publish one only when we have verified it against the primary statute, and for Michigan we have not. Ask the clerk of your district court, or a Michigan lawyer, what limitation period applies to your kind of claim, and do it early: the answer changes with the type of claim.

Step 5 — Where do you file? In districts of the first class, actions in the small claims division shall be filed in the county in which the cause of action arose or in the county in which the defendant is established or resides or is employed, per MCL 600.8415(1). The job was in Grand Rapids (Kent County), and the contractor lives there too — so you file at the Kent County District Court.

What Cases the Small Claims Division Cannot Hear

The prohibition list in MCL 600.8424(1) trips up a lot of filers. Actions of fraud and actions of libel, slander, assault, battery, or other intentional torts shall not be instituted in the small claims division. This matters more than it looks at first glance.

Common scenarios that look like simple money disputes but are actually barred:

There are narrow exceptions. The prohibition does not apply to an action for fraud under MCL 600.2952 (dishonored checks) or under the Michigan Consumer Protection Act, 1976 PA 331, MCL 445.901 to 445.922. So if a business cheated you in a consumer transaction — say, a car dealer misrepresented the mileage — you may be able to bring a Consumer Protection Act claim in small claims. A person may claim reasonable attorney fees plus actual damages or $250, whichever is greater, for a violation of the Michigan Consumer Protection Act, under MCL 445.911(2).

The other firm limit: except as provided in subsection (3), the state, a political subdivision of the state, or any other governmental agency shall not be a party to an action in the small claims division. You generally can't sue the state of Michigan in small claims, though a county, city, village, township, or local or intermediate school district may file an action in the small claims division.

Filing Fees, Forms, and the No-Lawyer Rule

Michigan's filing fees are tiered by the size of your claim. Our records have the tiers at roughly $30 for the smallest claims, $50 in the middle band, and $70 at the top of the small claims range — a guide to the order of magnitude, not a quote, and the top bracket depends on the cap figure we are still verifying. Confirm the current fee with the clerk. Those fees are paid upfront by the plaintiff. The plaintiff is responsible for paying the filing fee and other fees; if the judge rules in favor of the plaintiff, these fees may be added to the judgment amount against the defendant.

Service adds to your out-of-pocket costs. Service by certified mail or court officer typically adds $15 to $30 more. You'll use the SCAO-approved DC 84 Affidavit and Claim form, signed under oath. The affidavit and claim form must be signed under oath in front of a notary public (available at banks) or the clerk of the court, and the person signing must show photo identification.

One of Michigan's most distinctive rules: no lawyers in small claims court. An attorney at law, except on the attorney's own behalf, a collection agency or agent or employee of a collection agency, or a person other than the plaintiff and defendant shall not take part in the filing, prosecution, or defense of litigation in the small claims division. Businesses aren't locked out entirely — a sole proprietorship, partnership, or corporation as plaintiff or defendant may be represented by an officer or employee who has direct and personal knowledge of facts in dispute.

What You Waive by Staying in Small Claims

Choosing small claims is a trade-off. The speed and low cost come with real procedural concessions. If the parties elect to proceed in the small claims division, they waive the right to an attorney, the right to a jury, the right to recover more than the applicable jurisdictional amount prescribed by MCL 600.8401, and the right to appeal (except as otherwise provided in MCL 600.8427).

Either party can escape those waivers before trial starts. Before commencement of a trial, the plaintiff or defendant may, upon demand, require that the trial be conducted before a district court judge and not a magistrate, or may remove the case from the small claims division to the general civil division of the district court. This is a critical safety valve — if the defendant shows up with a complex counterclaim or wants formal discovery, they can pull the case out of small claims entirely. If the defendant removes your claim to the general civil division, your lawsuit may be subject to a jury trial and the full rules of evidence, and you can then hire a lawyer to assist you.

Appeals are limited. If the small claims hearing was conducted by a district court magistrate, any party may appeal to the district court judge within 7 days of the decision for a brand new hearing, under MCL 600.8427. If the small claims hearing was conducted by the district court judge, the decision is final and no appeal may be pursued.

Quick Reference: Is Your Case a Fit for Michigan Small Claims?

Use this decision table before you fill out DC 84. The three threshold questions are claim type, dollar amount, and remedy.

Should You File in Michigan Small Claims? — Decision Tree START HERE You want money damages Is your claim under the cap? (confirm current figure with the clerk) NO File in General Civil District Ct (≤ $25K) or Circuit Ct (> $25K) YES Do you only want money? (No eviction, no injunction, no forced action) NO Wrong court Seek Circuit Court or District Civil Division YES Is it a barred claim type? Fraud, libel, slander, assault, battery, intentional tort YES Barred — unless Dishonored check or MCPA claim qualifies (MCL 600.8424) NO Within statute of limitations? Confirm the period with the clerk NO Case time-barred Cannot file YES ✓ File in Small Claims DC 84 form · $30–$70 fee MCL 600.8401 et seq.

Filing Fees and Claim-Size Comparison at a Glance

Claim Amount Filing Fee Court Attorneys Allowed? Statute
$1 – $600 Ask the clerk Small Claims Division No MCL 600.8401, 600.8408
$601 – $1,750 Ask the clerk Small Claims Division No MCL 600.8401, 600.8408
$1,751 – top of the small claims range Ask the clerk Small Claims Division No MCL 600.8401, 600.8408
Above the small claims cap, up to $25,000 Varies by court District Court — General Civil Yes MCL 600.8301
Over $25,000 Varies Circuit Court Yes MCL 600.605

Service fees are on top of the filing fee. The defendant must be served with a copy of the Affidavit and Claim (DC 84) by an appointed court officer, a legally competent adult who is not a party, or by certified mail — with an additional fee of $18 per individual or $10 for a business added to the filing fee at Oakland County's 48th District Court, for example. Fees vary slightly by district, so confirm with your local clerk.

After You Win: Collecting the Judgment

A judgment in small claims is only as good as your ability to collect it. Michigan gives you several tools. You can use writs of execution, garnishments, or judgment liens under MCL 600.6001 et seq. To garnish wages or a bank account, request a Writ of Garnishment (form MC 12 for periodic, MC 13 for non-periodic) under MCR 3.101. The writ costs $15 under MCL 600.8420(2), plus a $35 garnishee disclosure fee.

You can't start collection immediately after the hearing. If the court enters a money judgment in your favor and it is not paid when ordered, additional papers must be filed with the court to collect — and this cannot occur until 21 days after the judgment is entered. Interest keeps running in your favor: post-judgment interest accrues semi-annually under MCL 600.6013 at approximately 5 to 6% in 2026.

About SmallClaims: SmallClaims is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file.

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SmallClaims is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file.

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Frequently asked questions

What is the maximum amount you can sue for in Michigan small claims court in 2026?

$7,000. MCL 600.8401 gives Michigan's Small Claims Division jurisdiction over money claims that do not exceed $7,000, so a claim of exactly $7,000 still qualifies. Limits do get raised, so confirm with the clerk of your district court or at courts.mi.gov before you decide what to claim. The rule that does not depend on the exact figure: if your damages exceed the cap, filing in small claims means permanently waiving the excess, so ask the clerk for the current number first.

Can I bring a fraud or intentional tort claim in Michigan small claims court?

Generally no. MCL 600.8424(1) bars actions for fraud, libel, slander, assault, battery, and other intentional torts from the small claims division. There are two main exceptions: a dishonored-check claim under MCL 600.2952 and claims under the Michigan Consumer Protection Act (MCL 445.901 to 445.922). If your dispute involves deliberate wrongdoing outside those two exceptions, you'll need to file in the general civil division where the full rules of evidence and procedure apply.

Can a lawyer represent me or the other side in Michigan small claims court?

No. MCL 600.8408(1) prohibits attorneys — except on their own behalf — from taking part in filing, prosecution, or defense in the small claims division. Collection agencies are also barred. A business can send a knowledgeable officer or employee, but not outside counsel. The one important caveat: either party can demand removal to the general civil division before trial starts, at which point lawyers become permissible. If you receive a removal demand, you'll face formal court rules.

Which court do I file in — and what if the defendant lives in a different county?

Under MCL 600.8415, you file in the county (for first-class districts) or district (for second- and third-class districts) where the cause of action arose or where the defendant is established, resides, or is employed. So if you're in Ann Arbor but the contractor who cheated you works and lives in Lansing, you'd file in Ingham County. If there are multiple defendants, you can file where any one of them resides or is employed. Filing in the wrong venue won't necessarily sink your case, but the defendant can challenge it, so choose carefully.

This article provides general information about small claims court procedures, filing fees, evidence rules, judgment collection, monetary limits and is not legal, medical, or financial advice. Laws and regulations change; verify current rules before acting. For complex situations, consult a licensed professional in your jurisdiction. Last reviewed: July 16, 2026.