When a dispute cannot be settled, you need a plan
Most disputes start the same way. A deal goes bad. A promise is broken. A property line is contested. A debt goes unpaid. Letters and phone calls come first, and when they fail, the case is shaped by deadlines, court rules and strategy that most people have never had to deal with. Mistakes made early are expensive to fix.
I am Mitchell Bisson, a Grand Rapids civil litigation attorney. I represent individuals and businesses in civil disputes in Grand Rapids, Kent County and across West Michigan. I have litigated cases in Nevada and Michigan for over 15 years. Big-Firm Power. Street-Level Grit. You get the preparation a large firm brings, and you get me, not a handoff to someone you have never met.
Every case starts with a straight assessment: what the claim is worth, what it will cost, what the other side will likely do, and whether a lawsuit is even the right tool. Sometimes the strongest move is a negotiated result reached from a position of strength. Sometimes it is a trial. Either way, you will understand your options before you choose.
Civil lawsuits and disputes I handle in Grand Rapids and across Michigan
- Contract disputes, including breach of written and oral contracts, services agreements, purchase and sale agreements, and fights over payment, performance and termination
- Real estate disputes: boundary and easement conflicts, land contracts, landlord and tenant matters, title problems and purchase agreement disputes
- Business and partnership disputes among owners, partners and members, and claims against vendors, customers and competitors
- Construction disputes among owners, contractors and subcontractors, including construction lien issues
- Employment disputes over wages, contracts, severance and non-competes
- Tort claims such as negligence, fraud, defamation and property damage, including injury cases that overlap with my personal injury practice
- Collections and judgment enforcement through garnishment, seizure and liens
- Defense of lawsuits brought by creditors and debt collectors, including expired-debt and default situations
Choosing the right court for your civil lawsuit
Where a case is filed depends on the amount in dispute and the relief sought. In Michigan, district court hears civil claims up to a statutory dollar limit. Claims above that limit belong in circuit court, which also hears cases seeking injunctions and certain other remedies whatever the amount. In Kent County, the circuit court is the 17th Circuit, and district court matters are heard in the 61st District Court in Grand Rapids and other district courts around the county.
Kent County has a business court docket in the 17th Circuit. A case that includes a business or commercial dispute, as MCL 600.8031 defines it, must be assigned to it, and under MCR 2.112(O) the first pleading must verify on its face that the case meets the statutory requirements. A case between parties from different states with more than $75,000 at stake, or one built on federal law, may be filed in or removed to the United States District Court for the Western District of Michigan in Grand Rapids. My post on how the Kent County business court works explains the statute.
Whether you need a civil lawsuit attorney or a contract dispute lawyer in Grand Rapids, to file a case or to defend one, forum is one of the first things I look at. Choose the wrong forum, or fail to challenge the other side’s choice, and you can affect cost, speed, the jury pool and the procedure that governs the case. It is one of the first decisions to get right.
Michigan statutes of limitations
Every civil claim has a filing deadline, and missing it usually ends the case no matter how strong it was. These are general rules. Tolling, exceptions and different accrual dates can change the answer. My guide to the Michigan contract deadline covers when the clock starts and what does not stop it.
- Contract claims, written or oral, generally carry six years. Sales of goods under the Uniform Commercial Code generally carry four.
- Personal injury and property damage claims generally carry three years from the injury or damage.
- Fraud generally carries six years.
- Libel and slander carry one year, among the shortest periods in the law.
- Medical malpractice claims are generally 2 years from the act, or 6 months from when you discover the claim if that is later, with an outer limit of 6 years in most cases. A written notice of intent is required before suit, and that notice can change the dates.
- Recovery of real property can run much longer. Adverse possession claims often involve fifteen years, depending on the facts.
Contracts can set their own limitations periods and notice requirements, and claims against governmental entities have very short notice deadlines. If you have a claim or have been threatened with one, find out which deadline applies before you do anything else.
How a Michigan civil lawsuit moves
Pleadings
The plaintiff files a complaint and the court issues a summons. Both must be served. A defendant served in Michigan has 21 days to answer, or 28 days if served by mail or outside the state. The answer has to raise affirmative defenses such as the statute of limitations or a release, or they can be waived.
Discovery
Discovery is the formal exchange of information under the Michigan Court Rules. It covers interrogatories (written questions answered under oath), requests for documents and electronic data, requests for admission that can narrow disputes or establish facts, and depositions (recorded sworn testimony). Third parties can be compelled by subpoena. Discovery usually decides how a case resolves, because it shows each side what the proof will be.
Motions
Dispositive motions can end a claim or a case without a trial. A motion for summary disposition under MCR 2.116 asks the judge to decide issues as a matter of law. Other motions address discovery disputes, evidence, amendments and sanctions.
Mediation and arbitration
Michigan courts encourage alternative dispute resolution. Mediation puts a neutral between the parties to help them negotiate, and it often resolves cases at a fraction of the cost of trial. Arbitration replaces the judge with a private decision-maker, and many contracts require it.
Trial
A case that does not settle is tried to a judge or jury. The plaintiff carries the burden by a preponderance of the evidence, meaning more likely than not. Either side can usually demand a jury in a money damages case.
Judgment and enforcement
A judgment is where collection starts. Judgments carry interest, can be enforced for ten years and renewed, and can be collected through garnishment, seizure of property and liens on real estate. Both sides have appeal rights, which I cover on my Michigan appeals page.
What you can recover
Compensatory damages put the injured party where it would have been without the wrong, including lost profits, repair costs and out-of-pocket losses. Consequential damages reach losses that flow foreseeably from a breach, such as business lost because goods were never delivered. Courts can also order equitable relief: injunctions, specific performance or rescission of a contract. Statutory interest and taxable court costs are added to a judgment.
Michigan follows the rule that each side pays its own attorney fees unless a statute, court rule or contract says otherwise. Many commercial contracts and several statutes do provide for fees, and the court rule on offers of judgment can shift costs. Michigan generally does not allow punitive damages unless a statute authorizes them. In some tort cases a court allows exemplary damages for malicious or willful conduct. My post on weighing fees against what a judgment is worth looks at that question for contract disputes.
A claim’s real value depends on proof, collectability and cost as much as legal theory. A judgment against someone with no assets is not worth what a judgment against a solvent party is.
Mediation, arbitration and settlement
Most civil cases end without a verdict. Negotiation, often started by a firm demand letter, resolves many. Mediation uses a neutral facilitator who cannot impose a result, and the discussions are confidential. Arbitration brings in a neutral arbitrator or panel to hear evidence and issue a decision, often binding, with very limited court review. Case evaluation, a nonbinding valuation by a panel of attorneys, is no longer tied to cost penalties for rejecting it since 2022. A court may still order it, and parties can agree to another form of ADR instead.
Clauses choosing arbitration, a forum or governing law should be read at the start of any dispute. They can decide where and how the case proceeds.
Protect yourself before and during a dispute
- Once a dispute is reasonably foreseeable, delete nothing. Destroying evidence can bring sanctions even when it was innocent.
- Keep a timeline. Dates, conversations, payments and deliveries are easier to prove with notes made at the time.
- Read your contract for notice requirements, cure periods, fee provisions, arbitration clauses and deadlines.
- Never ignore a summons. A default can be entered against you within weeks.
- Watch what you put in writing. Emails and texts become exhibits.
- Get advice early. Many disputes are won or lost in the first weeks, including in how the claim is first described.
More Michigan civil claim pages
Four claims come up often in civil cases, and each has its own page with more detail.
- Grand Rapids breach of contract attorney: what I have to prove in a Michigan contract dispute, the deadlines, the common defenses and the remedies.
- Grand Rapids fraud and misrepresentation attorney: civil fraud claims, including what must be proved, the deadlines and the defenses.
- Grand Rapids negligence lawyer: how a negligence claim is built, from duty and breach to shared fault and government notice deadlines.
- Grand Rapids premises liability lawyer: falls and other injuries on someone else’s property, including snow and ice and landlord cases.
Related Michigan practice areas
Owner and shareholder fights, UCC disputes and non-compete cases are on my Grand Rapids business litigation attorney page. Land and property disputes are on my Grand Rapids real estate attorney page. Injury claims are on my Grand Rapids personal injury lawyer page. If a civil case also exposes you to criminal charges, see my Grand Rapids criminal defense lawyer page. If a government official or police officer violated your rights, see my civil rights lawyer in Michigan page. If you lost at trial and need to challenge the result, see my Michigan appeals lawyer page. Short answers to common questions are on my Michigan legal FAQs page.
Common questions about Michigan civil litigation
How long do I have to file a civil lawsuit in Michigan?
It depends on the claim. Most contract claims must be filed within six years, most personal injury claims within three, fraud within six and defamation within one. Sales of goods under the UCC generally carry four years. Claims against the State require a written claim or notice within one year, or six months for personal injury or property damage, and claims against local governments have their own notice rules, some as short as 120 days. Missing the deadline permanently bars the claim, and the clock can start on a date that is not obvious.
What does comparative negligence mean for my case?
Michigan applies modified comparative fault. Your recovery is reduced by your percentage of fault. In many negligence cases, a plaintiff found more than 50 percent at fault is barred from recovering non-economic damages such as pain and suffering, but can still recover economic damages reduced by that percentage. How fault gets assigned is frequently the main fight.
What is the difference between mediation and arbitration?
In mediation, a neutral helps the parties negotiate, but the parties decide whether to settle and on what terms. The mediator has no power to decide. In arbitration, the neutral acts as a private judge, hears the evidence and issues a decision that is typically binding and hard to appeal. Mediation keeps control with you. Arbitration trades control for finality and speed. Check your contract, because it may require one or both before suit.
How much does it cost to pursue a civil case in Grand Rapids?
It depends on the amount in dispute and how hard the other side fights. Costs include court filing fees, service, discovery expenses such as deposition transcripts and records, consultant fees where needed, and attorney fees. A case that settles after a demand letter costs far less than one tried to a jury. I explain my fee arrangement at the consultation, before you decide whether to hire me.
What is a motion for summary disposition?
It asks the judge to decide all or part of a case without a trial, and MCR 2.116 governs it. Two grounds come up most. A motion under subrule (C)(8) argues that even if every allegation is true, the complaint states no claim the law recognizes, and it is decided on the pleadings alone. A motion under subrule (C)(10) argues that after discovery there is no genuine dispute of material fact. The court views the evidence in the light most favorable to the party opposing the motion. A well-prepared motion can win a case, narrow it or force a settlement, and a well-prepared response can save a claim.
I won a judgment. How do I actually collect the money?
The court does not collect for you. After judgment there is generally a 21-day wait before most enforcement begins. A periodic writ of garnishment directs an employer to withhold part of wages. A non-periodic writ reaches bank accounts and other funds held by a third party. A writ of execution seizes and sells non-exempt property, and a judgment lien attaches to real estate. If you do not know where the debtor works or banks, a discovery subpoena can compel answers about assets under oath. Some income and property is exempt by law. Judgments accrue interest and can be enforced for ten years and renewed.
What happens if I am sued in Michigan and do not respond?
A default can be entered. If you do not answer within 21 days of service in Michigan, or 28 days if served by mail or out of state, the plaintiff can request a default and then a default judgment. You lose the right to contest liability and raise defenses, and garnishment and seizure can follow. A default can sometimes be set aside by showing good cause and a meritorious defense, but relief is discretionary, time limits apply, and it is far harder than responding on time.
What are interrogatories, requests for production and depositions?
They are the main tools of discovery. Interrogatories are written questions the other party must answer under oath, used to gather basic facts, identify witnesses and learn the other side’s contentions. Requests for production require documents, emails and other tangible things. Depositions are live questioning under oath, recorded by a court reporter, used to lock in testimony and test credibility. Each tool has limits and deadlines under the court rules, and using them in the right order is part of strategy.
What is case evaluation, and is it still required?
Case evaluation under MCR 2.403 was long a mandatory step in many Michigan circuit court cases. A panel of three attorneys issued a nonbinding award, and rejecting it could expose a party to the opponent’s costs and fees. Effective January 1, 2022, the Michigan Supreme Court eliminated the cost sanctions for rejecting a case evaluation award. A court can still order case evaluation, and the parties can stipulate to a different ADR process. Courts have addressed how the change applies to cases already pending, so the details depend on your case. Cost-shifting can still happen through offers of judgment under MCR 2.405, and mediation and facilitation remain common.
How do I serve a subpoena in a Michigan civil case?
A subpoena compels a person or organization to testify or produce documents. Personal service must be made by a sheriff’s officer, a process server or another competent adult who is not a party or an officer of a corporate party, and a subpoena requiring attendance must come with the statutory witness fee and mileage. MCR 2.506(G) also allows service by mail with an acknowledgment card, and different rules apply to parties and some government agencies. Defective service or a missing fee can make it unenforceable. Ignoring a valid subpoena can lead to contempt. Because third-party records often decide a case, getting subpoenas right matters.
Can my wages be garnished in Michigan?
Yes, once a creditor holds a judgment. The creditor files a writ, the employer is served, and the employer must begin withholding. The limit is generally the lesser of 25 percent of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Disposable earnings are what remains after legally required deductions. Certain benefits are exempt, and an employer may not fire an employee because of garnishment on a single debt. Improper garnishment can be challenged.
How long does a creditor have to sue me for a debt?
For most consumer and business debts based on contracts, six years. The clock generally runs from the breach, often the date of default, not from the date the debt began, though the analysis can turn on the facts. A time-barred debt is still a debt, and the statute of limitations is a defense you must raise in your answer. If you ignore the lawsuit, the creditor can take a default judgment on a stale debt. Be careful with anything you sign about an old debt. A signed written acknowledgment or promise to pay can revive a time-barred debt.
How do I put a lien on someone’s real estate to collect a judgment?
After judgment, a creditor can record a notice of judgment lien with the register of deeds in the county where the debtor owns real property, under the judgment lien provisions of the Revised Judicature Act. The notice is filed with the court that entered the judgment, and the clerk certifies it. The creditor then serves a certified copy on the debtor by certified mail, or in person if the judgment is $25,000 or more. A recorded lien lasts five years and can be rerecorded one time, but the second notice must be recorded at least 120 days before the first one expires. The lien also ends if the underlying judgment expires. A lien does not force a sale, but it makes the property hard to sell or refinance without addressing the debt. Property in other counties requires recording in each county.
Can I recover my attorney fees if I win a civil case in Michigan?
Usually not, unless a statute, court rule or contract provides for them. Michigan follows the American rule, so each side pays its own. Exceptions include prevailing-party clauses in contracts, statutes such as consumer protection and some employment laws, sanctions for frivolous claims, and offers of judgment under MCR 2.405, which can shift costs when a party rejects an offer and then fails to beat it at trial. Fee-shifting can change the economics of a case, so it should be considered at the outset.
Talk to a Grand Rapids civil litigation attorney
If you are searching for a Kent County civil attorney or civil litigation attorneys who will handle your case personally, start with a call to me. If a dispute has turned into a lawsuit, or is about to, call me before you answer anything in writing. Your Rights, My Fight!
Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Call for a free initial consultation: (616) 213-3327
Law Offices of Mitchell S. Bisson 2828 Kraft Ave SE, Suite 295 Grand Rapids, MI 49512 MBisson@BissonLegal.com
This page provides general information about Michigan civil litigation and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case turns on its own facts.