To file an answer to a complaint in Michigan, you draft a written response that addresses every paragraph of the complaint, raise any affirmative defenses and counterclaims, sign it, file it with the court clerk that issued the summons, and serve a copy on the plaintiff or their attorney within 21 or 28 days of being served. Miss that deadline and the plaintiff can ask the clerk to enter a default against you, which is treated as an admission of everything in the complaint.
How Long You Have to Respond
Your deadline depends on how the summons and complaint reached you. Personal service inside Michigan gives you 21 days. Service by registered mail, or any service made outside Michigan, gives you 28 days. If the court authorized substituted service, the judge sets a reasonable deadline that cannot be less than 28 days after service is complete.1Michigan Courts. Filing and Serving Responsive Pleadings Table
Count from the day after you were served, not from the date on the complaint. Include weekends and holidays in your count, but if the last day falls on a weekend or legal holiday, the deadline rolls to the next business day. Getting the math wrong by a single day can cost you the case.
If you need more time, ask the plaintiff’s attorney for a stipulated extension. Most will agree to a reasonable one early in a case. If they refuse, file a motion asking the court for additional time, and do it before your original deadline runs out.
What the Answer Has to Say
Michigan Court Rule 2.111 governs what goes in the document. Your answer must walk through the complaint paragraph by paragraph and respond to each allegation in one of three ways: admit it, deny it, or state that you lack sufficient knowledge to admit or deny.2State of Michigan Courts. Instructions for Filing and Serving an Answer to a Complaint
Skipped allegations are treated as admitted. That single oversight can hand the plaintiff a proven fact they never had to demonstrate. When in doubt, deny or state that you lack sufficient knowledge. You can refine your position later through discovery.
Your answer must also raise any affirmative defenses. An affirmative defense says that even if the plaintiff’s allegations are true, you still win because of additional facts. Statute of limitations, waiver, and estoppel are common examples. If you leave an affirmative defense out of the answer, the court can bar you from arguing it later in the case.2State of Michigan Courts. Instructions for Filing and Serving an Answer to a Complaint
Sign the answer (or have your attorney sign it), include your contact information, file it with the clerk of the court identified on the summons, and serve a copy on the plaintiff or their attorney. If you skip the service step or ignore the formatting requirements, the court can reject the filing.
Filing Counterclaims and Cross-Claims
The answer is also the moment to bring your own claims. Under MCR 2.203, you can include a counterclaim against the plaintiff in the same document as your answer. If the plaintiff sued you over a debt but also owes you money, a counterclaim puts both disputes in front of the same court instead of forcing a separate lawsuit.3Michigan Courts. Michigan Court Rules – Rule 2.203
Counterclaims also work as settlement leverage. A plaintiff who expected an easy case reconsiders when they face their own potential liability.
If there are multiple defendants and you believe a co-defendant shares responsibility or owes you something arising from the same facts, MCR 2.203 also allows a cross-claim against them.3Michigan Courts. Michigan Court Rules – Rule 2.203
If You Can’t Afford the Filing Fees
Michigan waives court fees for filers who qualify under MCR 2.002. You qualify automatically if your gross household income is at or below 125% of the federal poverty guidelines, which for 2026 is $15,960 for an individual and $33,000 for a family of four. You may also qualify above that threshold by showing that paying the fees would create financial hardship.4Michigan Courts. MC 20 Fee Waiver Request
You also qualify without further income verification if you receive SNAP, Medicaid, FIP, WIC, or Supplemental Security Income, or if a legal services organization represents you because of financial need. File Form MC 20 with the court to request the waiver. If the court denies your request, you have 14 days to either pay the fees or ask for a review using Form MC 114. Notify the court if your finances improve before the case ends.4Michigan Courts. MC 20 Fee Waiver Request
What Happens If You Don’t File an Answer
If your deadline passes with no answer on file, the plaintiff can ask the clerk to enter a default under MCR 2.603. A default is not a judgment yet, but it operates as an admission of every allegation in the complaint. The only open question becomes how much you owe.5Michigan Courts. Default and Default Judgments
The plaintiff then requests a default judgment. If the complaint demands a specific dollar amount, the clerk may enter judgment without a hearing. Otherwise, the court schedules a hearing to determine damages. Either way, the plaintiff must give you at least seven days’ notice before the default judgment is entered.5Michigan Courts. Default and Default Judgments
A default judgment can be enforced through wage garnishment, bank levies, and property liens, and it can damage your credit for years.
Setting Aside a Default If You’ve Already Missed the Deadline
If you’re reading this after the deadline passed, MCR 2.603(D) lets you file a motion to set aside the default or default judgment, but the court won’t grant it easily. You have to show two things: good cause for missing the deadline, and a verified statement establishing a meritorious defense to the claims.6Michigan Courts. Setting Aside Judgments
Courts weigh good cause in context. Relevant factors include whether you ignored the case entirely or just missed the deadline narrowly, how quickly you moved after learning of the default, whether service was defective, whether the failure was intentional, and the size of the judgment.6Michigan Courts. Setting Aside Judgments
The meritorious defense showing is equally demanding. You need a sworn statement from someone with personal knowledge, laying out specific admissible evidence that either undermines the plaintiff’s case or supports a defense. A generic denial is not enough.6Michigan Courts. Setting Aside Judgments
Timing is unforgiving. A motion to set aside a default should be filed before any default judgment is entered. Once a default judgment has been entered and you were personally served, you generally have 21 days from the judgment’s entry to move to set it aside. Past that window, your only path is a motion under MCR 2.612, which applies a more demanding standard.
What Comes After You File the Answer
Filing the answer starts the case rather than ending it. Once your pleading is on file, both sides owe initial disclosures without waiting for a request: the factual and legal basis for claims or defenses, individuals with relevant knowledge, a description of relevant documents and electronic records, a damages computation, and pertinent insurance information. Additional discovery, including written questions, document requests, and depositions, becomes available after you serve your own disclosures.7Michigan Courts. Disclosure
At any point in the pretrial phase, either side can file a motion for summary disposition under MCR 2.116 to have the case decided on legal grounds without trial. The two grounds defendants most often use are failure to state a claim under (C)(8) and no genuine issue of material fact under (C)(10). Other grounds cover lack of jurisdiction, insufficient service, and defenses like statute of limitations, prior judgment, and immunity.8Michigan Courts. Summary Disposition
Michigan also uses case evaluation under MCR 2.403 as its default alternative dispute resolution process, in which a panel of three attorneys reviews the case and recommends a monetary award. Mediation under MCR 2.411 is available as well, either by court referral or by agreement. Recent amendments to the court rules eliminated the cost-shifting penalties that used to apply when a party rejected a case evaluation award and failed to improve on it at trial. Most Michigan civil cases resolve through one of these paths before trial.