Service of process, answers and default judgments in Michigan

The summons states the court, case number, plaintiff or plaintiff's lawyer, the last date it is valid, and the time within which the defendant must answer or take other action. It also warns that judgment may be entered for the relief demanded if the defendant does not respond in time. The complaint states the facts and the relief sought. Both are read for the deadline, the claims, and the amount demanded before anything else is decided.

A Michigan summons must be issued in the name of the people of the State of Michigan and directed to the defendant. It must include the court's name and address, the parties, the case number, the plaintiff's attorney or address, the defendant's address if known, the clerk's name, the issue date, the last date on which the summons is valid, a statement that it is invalid unless served on or before that date, the time within which the defendant must answer or take other action, and a notice that failure to respond in time can lead to judgment for the relief demanded in the complaint (MCR 2.102(B)). A summons generally expires 91 days after it is issued (MCR 2.102(D)). The complaint must state the facts on which the plaintiff relies with enough specificity to inform the defendant of the claims, and a demand for judgment; where a money claim is for a sum certain or $25,000 or less, a specific amount is stated (MCR 2.111(B)). Reading the papers together answers four practical questions. Which court is this, and is the amount within district court jurisdiction (up to $25,000) or circuit court? How was service made, because the response time depends on it (21 or 28 days under MCR 2.108(A))? What claims and amount are demanded? And what options exist: an answer with defenses, a motion on grounds such as insufficient process or service, or, in a small claims case, an appearance on the hearing date.

Authority: MCR 2.102(B) and (D); MCR 2.111(B); MCR 2.108(A); MCL 600.8301(1). Reviewed Oct. 2026.

The day of service is not counted, and the last day is counted unless it falls on a Saturday, Sunday, legal holiday or court closure, in which case the period runs to the next day that is not one of those. The period is 21 days for personal service in Michigan and 28 days where service was by registered or certified mail or made outside Michigan. A court may extend the time if asked before it expires, and may allow late action afterward on a showing of excusable neglect.

Michigan's computation rule excludes the day of the event that starts the period and includes the last day, unless that day is a Saturday, Sunday, legal holiday or day the court is closed by court order, in which case the period runs to the end of the next day that is not one of those (MCR 1.108(1)). The answer periods are set by MCR 2.108(A): 21 days after being served in Michigan by personal delivery, and 28 days after service if the summons and complaint were sent by registered mail or served outside Michigan. Because 21 and 28 are whole multiples of seven, a period that starts on a given weekday ends on the same weekday, so a defendant personally served on a Tuesday has until the Tuesday three weeks later, subject to the weekend and holiday rule. For service by mail, the date that counts is the date of service under the service rule, which for mail is when the defendant acknowledges receipt (MCR 2.105(A)(2)), and not the date the plaintiff mailed the papers. If service was by publication or posting, the court allows a reasonable time but not less than 28 days after publication or posting is completed (MCR 2.108(A)(3)). A motion raising a defense must be filed within the time for the responsive pleading (MCR 2.108(B)). Extensions work in two stages. Before the period expires, the court may extend the time on a request made with notice to the other parties who have appeared. After it expires, the court may permit late action on motion if the failure to act resulted from excusable neglect, and if a default has already been entered, the setting-aside rule in MCR 2.603(D) applies instead (MCR 2.108(E)).

Authority: MCR 1.108(1); MCR 2.108(A)(1), (2) and (3); MCR 2.108(B) and (E); MCR 2.105(A)(2). Reviewed Oct. 2026.

Any legally competent adult who is not a party can serve process. For an individual, the basic methods are delivering the summons and complaint to the defendant personally, or sending them by registered or certified mail, return receipt requested, with delivery restricted to the addressee (an agent authorized by written appointment or by law to receive process may also be served). A court can order another method if service cannot reasonably be made the usual way. Insufficient service is a defense that is waived if it is not raised in the first motion or the responsive pleading.

Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party (MCR 2.103(A)); a writ of restitution or other process that requires seizing property is served by an officer (MCR 2.103(B)). Under MCR 2.105(A), process on an individual is served by delivering the summons and a copy of the complaint to the defendant personally, or by sending them by registered or certified mail, return receipt requested, and delivery restricted to the addressee. The rule does not list leaving the papers with a household member or a co-worker as a method for an individual defendant; the substituted-service provisions in subrule (B) address other situations. Process may also be served on an agent authorized by written appointment or by law to receive it (MCR 2.105(I)(1)). Separate provisions cover other defendants: a minor is served through the person having care and control (MCR 2.105(B)(2)), and businesses are served through officers, resident agents or the other persons the rule lists (MCR 2.105(D) for corporations, MCR 2.105(H) for limited liability companies). If service cannot reasonably be made as the rule provides, the court may by order allow any other manner reasonably calculated to give the defendant actual notice and an opportunity to be heard, on a verified motion (MCR 2.105(J)). Proof of service is made by a signed acknowledgment, a certificate from certain officers or an attorney, or a verified statement of the facts of service, and failure to file proof does not affect the validity of the service (MCR 2.104(A) and (B)). Improper service does not necessarily end the case: an action is not to be dismissed for improper service unless the service failed to inform the defendant of the action within the time provided for service (MCR 2.105(K)(3)). The grounds of insufficient process and insufficient service under MCR 2.116(C)(2) and (3) must be raised in a party's first motion or responsive pleading or they are waived (MCR 2.116(D)(1)).

Authority: MCR 2.103(A) and (B); MCR 2.105(A), (B)(2), (D), (H), (I)(1), (J) and (K)(3); MCR 2.104(A) and (B); MCR 2.116(C)(2) and (3), (D)(1). Reviewed Oct. 2026.

For an individual, mail service must be registered or certified, return receipt requested, with delivery restricted to the addressee. The rule says service is made when the defendant acknowledges receipt of the mail, and a copy of the signed return receipt is attached to the proof of service. The response period for service by registered mail is 28 days after service, not 21.

The mail method for an individual is set out in MCR 2.105(A)(2): the summons and a copy of the complaint are sent by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail, and a copy of the return receipt signed by the defendant must be attached to proof showing service by this method. Where the summons and complaint were sent by registered mail addressed to the defendant, the defendant must answer or take other action within 28 days after service (MCR 2.108(A)(2)), while personal delivery in Michigan carries 21 days (MCR 2.108(A)(1)). The rule defines certified mail as treated like registered mail for these purposes, with the added requirement that, if certified mail is used, the receipt of mailing be postmarked by the post office (MCR 2.105(L)(1)). If the person named does not sign for the mail, the rule's own trigger, acknowledgment of receipt, has not occurred under this method, and the plaintiff's alternatives include personal service or a motion for a court-ordered alternate method on a verified showing that service cannot reasonably be made as the rule provides (MCR 2.105(J)). Because the clock depends on when and whether service was made, the mailing envelope, the green card or electronic receipt, and the date of signing are worth keeping. A defendant who believes the papers were not properly delivered still faces the waiver rule for insufficient service, so the objection is raised in the first motion or responsive pleading and not left to later (MCR 2.116(D)(1)). Business defendants can be served by different mailing combinations under the corporate and LLC rules (MCR 2.105(D) and (H)). Small claims cases use their own certified-mail method (MCL 600.8405).

Authority: MCR 2.105(A)(2) and (L)(1); MCR 2.108(A)(1) and (2); MCR 2.105(J); MCR 2.116(D)(1); MCL 600.8405. Reviewed Oct. 2026.

Either can be the response. A defendant may serve and file an answer or take other action permitted by the rules, and a motion raising a defense is due within the time for the responsive pleading. The grounds of lack of personal jurisdiction, insufficient process and insufficient service are waived unless raised in the first motion or in the answer. If a pre-answer motion is denied, the answer is due within 21 days after notice of the denial.

The answer deadline in MCR 2.108(A) refers to serving and filing an answer or taking other action permitted by law or the rules, and a motion raising a defense or objection must be served and filed within the time for the responsive pleading (MCR 2.108(B)). Motions under MCR 2.116(C) can rest on grounds including lack of jurisdiction over the person, insufficient process, insufficient service, lack of subject matter jurisdiction, lack of legal capacity to sue, another action pending between the same parties, release or statute of limitations and similar matters, failure to state a claim, and absence of a genuine issue of material fact (MCR 2.116(C)(1) through (10)). Timing rules differ by ground. Personal jurisdiction, process and service must be raised in a party's first motion under the rule or in the responsive pleading, whichever is filed first, or they are waived (MCR 2.116(D)(1)). Capacity, another action pending, and the release-type grounds in (C)(7) must be raised in the responsive pleading unless stated in a motion filed before the first responsive pleading (MCR 2.116(D)(2)). Subject matter jurisdiction and governmental immunity can be raised at any time, and failure to state a claim and absence of a genuine factual issue can be raised until a scheduling-order deadline for dispositive motions, subject to the court's discretion to hear a later one (MCR 2.116(D)(3) and (4)). If a motion under MCR 2.116 made before the responsive pleading is denied, the moving party must serve and file a responsive pleading within 21 days after notice of the denial, and that time is extended if the party seeks leave to appeal within 21 days (MCR 2.108(C)(1)). A defendant who has asserted a defense by pre-answer motion need not assert it again in the later answer (MCR 2.111(F)(2)(a)). MCR 2.108(C) lists the particular motions and amendments that change the time for pleading, and a party relying on a motion to change the answer date reads that subrule first.

Authority: MCR 2.108(A), (B) and (C)(1); MCR 2.116(C) and (D); MCR 2.111(F)(2)(a). Reviewed Oct. 2026.

For each allegation the answer must admit it, deny it, plead no contest, or state that the defendant lacks knowledge or information sufficient to form a belief, which has the effect of a denial. Each denial must state the substance of the matters the defendant will rely on to support it. Allegations that are not denied are admitted, except allegations about the amount of damages or the nature of the relief demanded.

MCR 2.111(C) requires a responsive pleading, as to each allegation on which the adverse party relies, to state an explicit admission or denial, plead no contest, or state that the pleader lacks knowledge or information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. A denial is not a bare word: each denial must state the substance of the matters on which the pleader will rely to support the denial (MCR 2.111(D)). The consequences of silence are significant. Allegations in a pleading that requires a response, other than allegations of the amount of damage or the nature of the relief demanded, are admitted if not denied in the responsive pleading (MCR 2.111(E)(1)). A no contest plea permits the action to proceed without proof of the claim or part of the claim to which it is directed, and has the effect of an admission only for purposes of the pending action (MCR 2.111(E)(3)). Pleading may be in the alternative: inconsistent claims or defenses are not objectionable, and a party may allege two or more statements of fact in the alternative when in doubt about which is true (MCR 2.111(A)(2)). All statements in a pleading are subject to MCR 1.109(D)(3) and (E). The defenses, including affirmative defenses, must also appear in the answer or be asserted by motion (MCR 2.111(F)). Because admitted allegations can be treated as established, the answer is usually reviewed paragraph by paragraph against the complaint.

Authority: MCR 2.111(C), (D) and (E); MCR 2.111(A)(2). Reviewed Oct. 2026.

A defense that is not asserted in the responsive pleading or by motion is waived, except lack of subject matter jurisdiction and failure to state a claim. Affirmative defenses such as the statute of limitations, release, payment, fraud, duress, estoppel and contributory negligence must be stated in the answer, under a separate heading, with the facts that constitute them. An answer can be amended to add one under MCR 2.118.

MCR 2.111(F)(2) provides that a party against whom a claim has been asserted must assert in a responsive pleading the defenses the party has against it, and a defense not asserted in the responsive pleading or by motion as provided by the rules is waived, except the defenses of lack of jurisdiction over the subject matter and failure to state a claim on which relief can be granted. Affirmative defenses must be stated in the responsive pleading, either as originally filed or as amended under MCR 2.118, and under a separate and distinct heading the party must state the facts constituting (a) an affirmative defense, such as contributory negligence, an agreement to arbitrate, assumption of risk, payment, release, satisfaction, discharge, license, fraud, duress, estoppel, statute of frauds, statute of limitations, immunity granted by law, want or failure of consideration, or that an instrument or transaction is void, voidable or cannot be recovered on by reason of statute or nondelivery; (b) a defense that by reason of other affirmative matter seeks to avoid the legal effect of or defeat the claim, in whole or in part; and (c) a ground of defense that, if not raised in the pleading, would be likely to take the adverse party by surprise (MCR 2.111(F)(3)). Defenses may be asserted in the alternative, and a defense is not waived by being joined with other defenses (MCR 2.111(F)(1)). Several of these grounds can also be raised by motion under MCR 2.116(C)(7), and the rule requires those grounds to be raised in the responsive pleading unless stated in an earlier motion (MCR 2.116(D)(2)). Governmental immunity is treated differently. A motion based on governmental immunity may be raised at any time (MCR 2.116(D)(3)), and the Michigan Supreme Court has held that a governmental agency’s immunity is a characteristic of government, not an affirmative defense (Mack v Detroit, 467 Mich 186, 198 (2002)), while an individual governmental employee must raise and prove immunity as an affirmative defense (Odom v Wayne Co, 482 Mich 459, 479 (2008)).

Authority: MCR 2.111(F)(1), (2) and (3); MCR 2.116(C)(7), (D)(2) and (D)(3); Mack v Detroit, 467 Mich 186, 198 (2002); Odom v Wayne Co, 482 Mich 459, 479 (2008). Reviewed Oct. 2026.

Yes. A claim by the defendant against the plaintiff can be pleaded as a counterclaim, and a counterclaim must be filed with the answer or added by amendment under MCR 2.118. A pleading that states a claim must join every claim the pleader has against the opposing party that arises out of the same transaction or occurrence. The plaintiff then has 21 days to answer the counterclaim.

MCR 2.203(A) provides that in a pleading that states a claim against an opposing party, the pleader must join every claim the pleader has against that opposing party at the time of serving the pleading, if it arises out of the transaction or occurrence that is the subject matter of the action and does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction. Permissive joinder of other claims against the opposing party is allowed (MCR 2.203(B)). A counterclaim or cross-claim must be filed with the answer or filed as an amendment in the manner provided by MCR 2.118, and if a motion to amend to state a counterclaim is denied, litigating that claim in another action is not precluded unless the court specifies otherwise (MCR 2.203(E)). A party served with a pleading stating a counterclaim or cross-claim must serve and file an answer or take other action within 21 days after service (MCR 2.108(A)(4)). Because a counterclaim is filed with the answer or added by amendment under MCR 2.118, related claims against the plaintiff are usually evaluated before the answer is filed. In small claims, a defendant whose claim exceeds the small claims limit but would be a counterclaim under the court rules can file a separate action in a court of competent jurisdiction and have the small claims action transferred to that court so the actions are tried together (MCL 600.8423).

Authority: MCR 2.203(A), (B) and (E); MCR 2.108(A)(4); MCL 600.8423. Reviewed Oct. 2026.

If a defendant has failed to plead or otherwise defend, the clerk enters the default. A defaulted party may not proceed with the action until the default is set aside. A default judgment is then entered either by the clerk, for a sum certain when the defendant failed to appear, or by the court on motion in other cases, and seven days' notice of the request is required in certain situations.

A default is entered by the clerk if a party against whom affirmative relief is sought has failed to plead or otherwise defend and that fact is known to the clerk or verified in a request for default (MCR 2.603(A)(1)). Notice that the default has been entered is sent to all parties who have appeared and to the defaulted party, and if the defaulted party has not appeared the notice may be served personally, by ordinary first-class mail to the last known address or place of service, or as the court directs (MCR 2.603(A)(2)). After the default is entered the defaulted party may not proceed with the action until the default has been set aside (MCR 2.603(A)(3)). A default judgment is a separate step. The clerk may sign and enter it on a verified written request if the claim is for a sum certain or can be made certain by computation, the default was entered because the defendant failed to appear, the defendant is not a minor or incompetent person, and the amount requested is not greater than the amount in the complaint (MCR 2.603(B)(2)). In all other cases the party must file a motion asking the court to enter the default judgment, and the court may hold hearings to determine damages, with a jury right where the constitution requires one (MCR 2.603(B)(3)). The requesting party must give the defaulted party at least 7 days' notice before entry if the party has appeared, if the request seeks relief different in kind or greater in amount than the pleadings state, or if the pleadings state no specific amount (MCR 2.603(B)(1)). The party who obtained the judgment must serve it, and it is mailed to the defendant's last known address or the place of service (MCR 2.603(B)(4)). A clerk-entered default judgment for a sum certain can therefore issue without a hearing, and the time to challenge a default judgment is short once it is entered (see the 21-day rule in MCR 2.603(D)(2) for personally served defendants).

Authority: MCR 2.603(A); MCR 2.603(B); MCR 2.603(D)(2). Reviewed Oct. 2026.

The court must find good cause, and the defendant must file a verified statement of facts showing a meritorious defense. Good cause can be shown by a substantial procedural defect or irregularity or a reasonable excuse for the failure that caused the default. If the defendant was personally served, the motion must be filed before the default judgment is entered or within 21 days after it. The order setting aside the default must be conditioned on paying the other side's taxable costs.

MCR 2.603(D)(1) provides that a motion to set aside a default or default judgment, except when grounded on lack of jurisdiction over the defendant, shall be granted only if good cause is shown and a statement of facts showing a meritorious defense, verified in the manner prescribed by MCR 1.109(D)(3), is filed. Case law treats the two requirements separately. The Michigan Supreme Court has explained that good cause and a meritorious defense are analytically different concepts and that a party must show both (Alken-Ziegler, Inc v Waterbury Headers Corp, 461 Mich 219, 229-233 (1999)). Good cause may be shown by a substantial procedural defect or irregularity, or by a reasonable excuse for the failure to comply with the requirements that created the default (Koy v Koy, 274 Mich App 653, 658 (2007)). Manifest injustice is not a third kind of good cause. It describes the result if a default were left in place after the party has satisfied both the good cause and meritorious defense requirements, and where the defense is strong a lesser showing of good cause will suffice, though good cause must still be shown (Alken-Ziegler, 461 Mich at 233; Barclay v Crown Building & Development, Inc, 241 Mich App 639, 653 (2000)). Michigan law generally disfavors setting aside defaults and default judgments that were properly entered (Alken-Ziegler, 461 Mich at 229). The timing rule is strict: if personal service was made on the party against whom the default was taken, the default and any default judgment may be set aside only if the motion is filed before entry of a default judgment or, if one has been entered, within 21 days after it, except as provided in MCR 2.612 (MCR 2.603(D)(2)). The court may also set aside a default and default judgment in accordance with MCR 2.612 (MCR 2.603(D)(3)). An order setting aside a default or default judgment must be conditioned on the defaulted party paying the taxable costs the other side incurred in reliance on it, and may impose other conditions, including a reasonable attorney fee (MCR 2.603(D)(4)).

Authority: MCR 2.603(D)(1) through (4); Koy v Koy, 274 Mich App 653, 658 (2007); Barclay v Crown Building & Development, Inc, 241 Mich App 639, 653 (2000); Alken-Ziegler, Inc v Waterbury Headers Corp, 461 Mich 219, 229-233 (1999). Reviewed Oct. 2026.

The notice to the defendant states when and where to appear, that both sides bring witnesses and papers, that failing to appear can lead to judgment, and that a defendant with no legal defense may still appear to ask for installment payments. Before trial begins, either side can demand that a district judge hear the case or remove it to the general civil division of the district court. After removal the court orders the defendant to file a written answer within 14 days, and a defendant who does not answer in time is defaulted.

The notice to the defendant must state when and where to appear, that both sides bring all books, papers and witnesses needed to establish any claim or defense, that failure to appear may result in a judgment up to the applicable limit or the amount claimed, whichever is less, with costs, that if the dispute is settled the defendant may be charged the plaintiff's costs of starting the action, and that even without a legal defense the defendant may appear to request installment payments under MCL 600.8410 (MCL 600.8404(1)). Service is by certified mail, restricted delivery, or personal service, or as the court orders (MCL 600.8405). If the defendant fails to appear, judgment may be entered by default if the claim is liquidated, or on the proofs the court requires if unliquidated (MCR 4.304(B)(1)). Before trial begins, either party may demand 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 (MCL 600.8408(4)). If the parties start the trial in the small claims division, they are treated as having waived the rights listed in MCL 600.8412, which include the right to counsel, the right to a jury, the right to recover more than the small claims limit and any right of appeal (MCL 600.8408(4); MCL 600.8412). After removal, the court orders the defendant to file a written answer within 14 days, and a defendant who does not answer in time is defaulted (MCR 4.306(B)(1), (D)). A judgment in small claims is satisfied by a lump sum or installments that the judge considers just and reasonable, with a stay of collection while the defendant complies, and the judge orders payment in full or written disclosure of employer and bank accounts within 30 days where the defendant is not present or does not pay immediately (MCL 600.8410(2) and (5)). A defendant whose own claim is larger than the small claims limit can start a separate action and have the small claims case transferred (MCL 600.8423).

Authority: MCL 600.8404(1); MCL 600.8405; MCL 600.8408(4); MCL 600.8410(2) and (5); MCL 600.8423; MCR 4.304(B)(1); MCL 600.8412; MCR 4.306(B)(1), (D). Reviewed Oct. 2026.

A party demands a jury by filing a separate written demand within 28 days after the filing of the answer or a timely reply, and paying the jury fee at the same time. A party who fails to file the demand or pay the fee waives trial by jury. The right applies only to issues on which there is a right to a jury trial.

MCR 2.508(B)(1) allows a party to demand a trial by jury of an issue as to which there is a right to trial by jury by filing a written demand within 28 days after the filing of the answer or a timely reply. The demand must be filed as a separate document, and the jury fee provided by law must be paid when the demand is filed. A party who fails to file a demand or pay the jury fee as required waives trial by jury (MCR 2.508(D)(1)). The waiver is not revoked by an amendment of a pleading that asserts only a claim or defense arising out of the conduct, transaction or occurrence stated in the original pleading (MCR 2.508(D)(2)). If a case is entirely removed or transferred between circuit and district court, a timely demand made in the first court remains effective in the second, and a difference in the jury fee may be owed when the case moves from district court to circuit court and the circuit fee is higher (MCR 2.508(B)(3)(a)). If only part of a case moves, a new demand and fee are needed in the receiving court (MCR 2.508(B)(3)(b)). The 28 days run from the filing of the answer or a timely reply, and counting follows the computation rule in MCR 1.108.

Authority: MCR 2.508(B)(1) and (B)(3)(a) and (b); MCR 2.508(D)(1) and (2); MCR 1.108(1). Reviewed Oct. 2026.