Served with a lawsuit? The first deadline is short, and ignoring it has a cost
I am Mitchell Bisson, a Grand Rapids civil litigation lawyer. I have litigated for over 15 years. This page covers what to do once you are sued: the answer, your defenses and counterclaims, early motions and how a defended case moves. I represent defendants and plaintiffs in civil cases. When I take a defense, I read the summons and proof of service, calendar the answer date and plead the defenses that apply. I do not promise outcomes.
The short answer. A defendant served in Michigan generally has 21 days after service to serve and file an answer or take other action permitted by the court rules, and 28 days if service was outside Michigan or by registered mail. If you do nothing, the plaintiff can request, and the clerk enters, your default, and you cannot proceed until it is set aside. To set it aside you need good cause and a verified statement of facts showing a meritorious defense. Defenses you do not plead can be waived. Nothing here predicts how your case will end.
Most lawsuits that reach a Grand Rapids defendant start the same way. A process server or the mail brings a summons and a complaint, and the person served sets it aside to deal with later. The calendar is the first problem. The answer date runs from the day you were served, not from the day you read the papers, and a plaintiff who gets no response can ask for a default. MCR 2.108(A); MCR 2.603(A).
An answer is not the only response. A defendant can file a motion raising a defense or an objection to the complaint, and that motion has to be filed within the time for the responsive pleading. MCR 2.108(B). Some defenses are lost if they are left out of the first answer or the first motion, which is why I read the complaint with the full list of defenses beside it. Michigan also has a statute, effective March 24, 2026, that gives some defendants sued over speech a separate 60-day window to ask for early dismissal. I cover it below.
The first steps after service
Michigan’s court rules set the pace. A defendant “must serve and file an answer or take other action” within 21 days after being served with the summons and complaint in Michigan, and within 28 days after service if it was made outside Michigan or by a method that requires registered mail. After the original period has run, a court may permit a party to act if the failure to act was the result of excusable neglect, and MCR 2.603(D) applies if a default has been entered. MCR 2.108(A), (E)
Your answer has to respond to each allegation: an explicit admission or denial, or a statement that you lack knowledge or information sufficient to form a belief. Allegations that need a response and are not denied in the responsive pleading are admitted. Affirmative defenses, such as the statute of limitations, have to be stated in the responsive pleading under a separate heading. MCR 2.111(C), (E), (F)
Key deadlines and rules at a glance
| Step | Rule | Source |
|---|---|---|
| Answer or other action | 21 days after service in Michigan; 28 days if served outside Michigan or by registered mail | MCR 2.108(A) |
| Default entered | The clerk enters a default against a party who has failed to plead or otherwise defend, and that party may not proceed until it is set aside | MCR 2.603(A) |
| Setting aside a default | Requires good cause and a verified statement of facts showing a meritorious defense | MCR 2.603(D) |
| Service of the summons | A summons expires 91 days after it is issued, subject to a second summons on a showing of due diligence | MCR 2.102(D) |
| Summary disposition motion | Unless the court sets a different period, a written motion is filed and served at least 21 days before the hearing and the response at least 7 days before the hearing | MCR 2.116(G)(1) |
| Responding to a (C)(10) motion | You may not rest on the mere allegations or denials of your pleading and must set forth specific facts showing a genuine issue for trial | MCR 2.116(G)(4) |
Summary disposition under MCR 2.116(C) lets a party ask for dismissal before trial on grounds that include the statute of limitations, failure to state a claim and the absence of a genuine issue of material fact. The grounds are listed in the rule, and a motion “must specify the grounds on which it is based”. MCR 2.116(C)
How a defended lawsuit moves
- Service. The plaintiff serves the summons and complaint. I check the summons and the proof of service.
- The response. An answer with defenses, or a motion, is filed on time. A counterclaim goes in at this stage if you have one.
- Scheduling and discovery. The court sets dates, and both sides exchange information and take testimony.
- Motions. Either side can ask the court to decide all or part of the case before trial, including by summary disposition.
- Resolution. Cases settle, are decided on motion or go to trial. A trial court judgment can be appealed.
What I do when you are the defendant
The first thing I do is read the summons and the proof of service and put the answer date on the calendar. Then I read the complaint closely for what it actually claims, which is often narrower than the demand letter that came before it.
I plead every defense that applies, so none is lost by silence, and I look at whether a motion to dismiss part or all of the case is worth filing. I also look at whether you have claims of your own to bring back. I tell you the strengths and weaknesses of your position, and we decide together how to proceed. Fees depend on the claim, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Ways a defendant can respond to a Michigan complaint
These are the options the court rules give a defendant, and a case often uses more than one.
| Response | What it does | Time limit or key rule | Authority |
|---|---|---|---|
| Answer with affirmative defenses | Admits, denies or states lack of knowledge on each allegation, and pleads the defenses you have | 21 days after service in Michigan; 28 days if served outside Michigan or by registered mail | MCR 2.108(A)(1)-(2); MCR 2.111(C), (F) |
| Motion for more definite statement | Asks the plaintiff to clarify a pleading too vague or ambiguous to answer | Made before the responsive pleading; if granted, the response is due 21 days after the more definite statement is served | MCR 2.115(A); MCR 2.108(C)(4) |
| Motion on jurisdiction, process or service | Challenges the court’s power over you, the summons, or how you were served | Waived unless raised in the first motion or the responsive pleading, whichever is filed first | MCR 2.116(C)(1)-(3), (D)(1) |
| Motion for summary disposition | Asks the court to dismiss all or part of a claim before trial | (C)(8), (9) and (10) grounds can be raised any time unless a scheduling order sets a deadline; (C)(5), (6) and (7) grounds go in the responsive pleading unless stated in an earlier motion | MCR 2.116(C), (D) |
| Counterclaim | Brings your own claim against the plaintiff | Filed with the answer or by amendment | MCR 2.203(A), (E) |
| Third-party complaint | Brings in a nonparty who is or may be liable to you for part or all of the plaintiff’s claim | No leave of court needed if filed within 21 days after your original answer is filed | MCR 2.204(A)(1) |
| Special motion under the 2026 speech statute | Asks for expedited dismissal of a claim based on protected expression | Not later than 60 days after service, or later for good cause | MCL 691.1853; MCR 2.114(B)(2) |
What your answer has to say
For each allegation the plaintiff relies on, a responsive pleading must state an explicit admission or denial, plead no contest, or state that you lack knowledge or information sufficient to form a belief, which has the effect of a denial. Each denial must state the substance of the matters you will rely on to support it. MCR 2.111(C)-(D). An allegation that needs a response and is not denied is admitted, except allegations about the amount of damage or the nature of the relief demanded. MCR 2.111(E)(1).
You may state as many defenses as you have, and inconsistent defenses and alternative statements of fact are allowed. MCR 2.111(A)(2). You can amend your own pleading once as a matter of course within 14 days after serving it if it does not require a response, and after that only with the court’s leave or the other side’s written consent, which leave the rule says shall be freely given when justice requires. MCR 2.118(A)(1)-(2).
Defenses I look at when I defend a lawsuit
How you were served. A person can be served by delivering the summons and complaint personally, or by registered or certified mail with return receipt and delivery restricted to the addressee, and service by mail is made when the defendant acknowledges receipt. MCR 2.105(A). If the court lacks jurisdiction over you, the process was insufficient or the service was insufficient, those grounds are waived unless they are raised in your first motion or your responsive pleading. MCR 2.116(D)(1).
Affirmative defenses. The rule gives examples that include payment, release, satisfaction, discharge, estoppel, statute of frauds, statute of limitations, immunity granted by law, want or failure of consideration and the existence of an agreement to arbitrate. You have to state the facts constituting each one under a separate and distinct heading. MCR 2.111(F)(3). A defense not asserted in the responsive pleading or by motion is waived, except lack of jurisdiction over the subject matter and failure to state a claim on which relief can be granted. MCR 2.111(F)(2).
Defenses that can be raised by motion. The grounds for summary disposition include lack of capacity to sue, another action pending on the same claim, release, payment, prior judgment, immunity, the statute of limitations, the statute of frauds, and an agreement to arbitrate or to litigate in a different forum. MCR 2.116(C)(5)-(7).
What the complaint actually says. I read each count against its elements and the documents, and I look at who is liable, in what amount and on what theory.
Counterclaims, cross-claims and bringing in someone else
A counterclaim is your own claim against the plaintiff. It may reduce or defeat the plaintiff’s recovery, and it may seek relief greater in amount or different in kind. MCR 2.203(C). The rule requires a pleading that states a claim against an opposing party to join every claim that arises out of the same transaction or occurrence, and a counterclaim must be filed with the answer or added by amendment. MCR 2.203(A), (E). So I decide on any claim of yours at the start and not after the case is underway. A party served with a counterclaim has 21 days to respond. MCR 2.108(A)(4).
If someone else may be liable to you for all or part of what the plaintiff claims, a defendant may serve a third-party summons and complaint, without leave of court if it is filed within 21 days after the original answer was filed. MCR 2.204(A)(1). These steps add parties and cost, so I weigh them first.
Default, default judgment and getting relief
If you do not answer in time, the clerk enters a default and you cannot proceed until it is set aside. Setting it aside takes good cause and a verified statement of facts showing a meritorious defense, so a timely answer is the cheaper path. MCR 2.603.
Discovery basics in a Michigan civil case
Initial disclosures. In most circuit court cases, each party must provide the others, without waiting for a request, the factual basis of its claims and defenses, its legal theories, the people likely to have discoverable information, the documents and things it may use, a computation of damages, insurance agreements and the subject areas of testimony from witnesses offered for their specialized knowledge. MCR 2.302(A)(1). A party answering a complaint must serve its disclosures within the later of 14 days after the opposing party’s disclosures are due or 28 days after it files its answer, unless an order or stipulation says otherwise. MCR 2.302(A)(5)(b). Actions in district court are exempt from initial disclosure, and discovery there is not permitted before judgment without leave of court or the stipulation of all parties. MCR 2.302(A)(4); MCR 2.301(A)(2).
Scope and tools. Discovery reaches any non-privileged matter that is relevant to a claim or defense and proportional to the needs of the case. MCR 2.302(B)(1). The main tools are interrogatories, limited to twenty per separately represented party on each party and counting each discrete subpart (MCR 2.309(A)(2)), requests to produce documents and things (MCR 2.310), depositions (MCR 2.306) and requests for admission (MCR 2.312). A court can limit discovery by protective order under MCR 2.302(C), and a party that does not comply can face a motion to compel and sanctions under MCR 2.313.
Response times. Answers to interrogatories are due 28 days after they are served, except that a defendant may serve answers within 42 days after being served with the summons and complaint. MCR 2.309(B)(4). A written response to a request for production follows the same 28 and 42 day pattern. MCR 2.310(C)(2).
Requests for admission. A matter is deemed admitted unless, within 28 days after service of the request, or within a shorter or longer time as the court may allow, the party serves a written answer or objection. The rule adds that, unless the court orders a shorter time, a defendant may serve an answer or objection within 42 days after being served with the summons and complaint. MCR 2.312(B)(1). Read together, the 42 days is a defendant’s alternative measured from service of the summons and complaint, which matters when a request arrives with the complaint or soon after. A request served later is measured 28 days from its own service. I calendar the earlier date unless the later one is clearly available. An admitted matter is conclusively established unless the court, for good cause, permits withdrawal or amendment. MCR 2.312(D)(1).
Motions that can narrow or end a case early
Summary disposition. A motion under (C)(8) tests the legal sufficiency of the complaint and accepts the well-pleaded facts as true. A motion under (C)(10) tests the factual sufficiency and looks at affidavits, depositions, admissions and other evidence in the light most favorable to the party opposing the motion. Maiden v. Rozwood, 461 Mich. 109, 119-120 (1999). On a (C)(8) motion only the pleadings are considered, and evidence is required when the grounds do not appear on the face of the pleadings or when judgment is sought under (C)(10). MCR 2.116(G)(3); MCR 2.116(G)(5). When the grounds are (C)(8), (9) or (10), the court must give the parties a chance to amend unless the evidence shows amendment would not be justified. MCR 2.116(I)(5). A plaintiff’s motion on its own claim cannot be heard until at least 28 days after the opposing party was served with the pleading. MCR 2.116(B)(2).
The 2026 speech statute. The Uniform Public Expression Protection Act took effect on March 24, 2026. A defendant served with a pleading asserting an eligible cause of action may file a special motion for expedited dismissal not later than 60 days after service. MCL 691.1853. Filing it stays all proceedings between the moving party and the responding party, including discovery, and the court must hear the motion within 60 days after it is filed unless it orders a later hearing. MCR 2.114(C)-(D). That window runs separately from the answer date, so the answer cannot be ignored. The statute is new, so I check for current decisions before I recommend this motion.
How I handle a lawsuit defense
- Fix the dates. I read the summons and the proof of service, find the date and manner of service, and calendar the answer date, any discovery response dates and the 60-day speech-statute date if it could apply.
- Read the complaint against the documents. I compare each count with its elements, with the contract or record behind it, and with what you tell me.
- Decide the first response. I choose between an answer, a motion, or both, and I decide whether to raise service or jurisdiction objections that would be waived if left out.
- Plead the defenses and any counterclaim. I state each defense that applies under its own heading, and I decide with you whether a counterclaim or a third-party claim belongs in the case.
- Serve and answer discovery. I handle the initial disclosures, the written discovery and the depositions, and I watch the response dates, especially for requests for admission.
- Move where a motion makes sense. I file or oppose summary disposition when the pleadings or the evidence support it, and I tell you what the motion is likely to cost.
- Prepare to settle or to try the case. I explain settlement options as they develop, and if the case does not resolve, I prepare it for trial.
Ways a lawsuit may end without a trial
None of these is automatic. A case can settle at any stage, and the settlement paper matters as much as the number. A party may serve a written offer to stipulate to entry of judgment until 28 days before trial; the other side has 21 days to accept, and a rejected offer can affect who pays costs. MCR 2.405(B)-(D). A court may send a money case to case evaluation or order another form of alternative dispute resolution. MCR 2.403(A); MCR 2.410(C). A court can also dismiss all or part of a case on motion. The one way to end a case I do not want for you is a default.
What I need from you
Bring everything you were served, including the envelope or any mailing receipt, and note the date and manner of service. Bring the contract, invoices, messages, photographs and other records about the dispute, and any earlier demand letter. Bring any insurance policy that might apply, and give the insurer notice promptly. List the people who know the facts. If you received discovery requests, bring them the day they arrive. Do not ignore the lawsuit, do not call the plaintiff to argue about it, do not delete messages or records, and do not sign anything the other side sends you until I have read it.
Where your Kent County lawsuit will be heard
I represent clients in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. Under MCL 600.8301(1), the district court has exclusive jurisdiction in civil actions when the amount in controversy does not exceed $25,000. Kent County district courts include the 61st District Court in Grand Rapids, the 59th in Walker and Grandville, the 62A in Wyoming, the 62B in Kentwood and the 63rd for Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. Larger claims are filed in the Kent County Circuit Court, the 17th Judicial Circuit.
Why people hire me for a Michigan lawsuit defense
You work directly with me, the lawyer handling your case. I give you the strengths and weaknesses of your position straight, including what a defense could cost and what is at stake if the case is lost. I defend individuals and businesses.
Fees depend on the type of case, its complexity and whether it is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people who have been sued
How long do I have to answer a lawsuit in Michigan?
A defendant personally served in Michigan with the summons and complaint has 21 days after service under MCR 2.108(A)(1) to serve and file an answer or take other action permitted by the rules. If service was made outside Michigan, or by a method requiring registered mail, the defendant has 28 days. A court may extend the time if asked before it expires.
What happens if I ignore a lawsuit in Michigan, and can a default be undone?
If you fail to plead or otherwise defend, the clerk enters your default and you cannot proceed with the action until it is set aside. Under MCR 2.603(D), a motion to set aside a default or default judgment is granted only if good cause is shown and you file a verified statement of facts showing a meritorious defense, unless the motion rests on lack of jurisdiction over you. If you were personally served, the motion must be filed before default judgment or within 21 days after it.
How long does a plaintiff have to serve the summons in Michigan?
A summons expires 91 days after it is issued. Within those 91 days, on a showing of due diligence in trying to serve the original summons, the judge may order a second summons for a definite period not exceeding 1 year from the date the summons is issued. On expiration, the action is deemed dismissed without prejudice as to a defendant who was not served, under MCR 2.102(D)-(E).
What is summary disposition, and when can it end a Michigan case early?
Summary disposition under MCR 2.116 lets a party seek dismissal of all or part of a claim before trial. Common grounds are a defense such as the statute of limitations or statute of frauds under (C)(7), failure to state a claim under (C)(8), and no genuine issue of material fact under (C)(10). A (C)(8) motion tests only the complaint, answer, and other formal papers that state claims and defenses; a (C)(10) motion looks at evidence.
How much notice do I get of a summary disposition motion, and how do I respond?
Unless the court sets a different period, a written motion with brief and affidavits must be filed and served at least 21 days before the hearing, and your response at least 7 days before the hearing. The movant’s reply, limited to 5 pages, is due at least 4 days before. On a (C)(10) motion, you cannot rest on your allegations and must set forth specific facts showing a genuine issue for trial.
What happens if I miss the deadline to answer requests for admission?
Each matter in a request for admission is deemed admitted unless, within 28 days after service of the request, you serve a written answer or objection, under MCR 2.312(B). A defendant has 42 days after being served with the summons and complaint unless the court orders a shorter time. A denial must fairly meet the substance of the request, and lack of knowledge is not a basis for failing to answer unless you state you made reasonable inquiry.
How long does a civil lawsuit take in Michigan?
There is no fixed length. The court’s scheduling order under MCR 2.401 sets dates for discovery, motions, alternative dispute resolution, and trial based on the case’s complexity. The early deadlines are short: a summons is valid for 91 days, an answer is due in 21 or 28 days, and initial disclosures follow within weeks. A case with a preliminary injunction must go to trial within 6 months unless good cause or the parties agree.
Related Michigan pages
- Grand Rapids civil litigation attorney
- Service of process and default judgments: how service works and how to set a default aside
- Civil discovery and trial
- Small claims and choosing a court
- Debt collection defense
- Insurance claim disputes
- Civil appeals
I defend individuals and businesses in Michigan civil lawsuits. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
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Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.