Serving Small Claims Papers in Michigan

Serving the defendant

The plaintiff chooses the method: the court clerk can mail the notice by certified mail for a fee, or the plaintiff may hire a process server or court officer to personally serve the defendant.

• Certified mail, restricted delivery, arranged by the court clerk for a fee paid by the plaintiff
• Personal service by a sheriff, court officer, or licensed process server hired by the plaintiff
• Personal service by any competent adult who is not a party to the case

If the defendant was not properly served by the hearing date, the hearing is typically adjourned and a new hearing date is set rather than the case proceeding to default judgment.

Where filers get this wrong

Two things about service are consistently misunderstood:

• The clerk accepts your filing whether or not service is later done properly. The counter is not the check.
• Whether service was good gets tested afterwards — typically at the moment you ask the court for a default because the defendant did not appear.

The court clerk sets the hearing date at the time of filing, before the defendant is served, then the affidavit and notice of hearing (Form DC 84/84n) must be served on the defendant before that date.

If the defendant was not properly served by the hearing date, the hearing is typically adjourned and a new hearing date is set rather than the case proceeding to default judgment.

The order it has to happen in

1. 1. File first. The court issues the summons. Papers that have not been issued cannot be served.
2. 2. Choose a permitted method. Michigan permits 3 routes, listed above. Which is wise depends on the defendant, not on which is cheapest.
3. 3. Give a real, current address. A registered agent address for a business, a residence for a person. A stale address is the most common reason service fails and a case simply stops moving.
4. 4. Get the proof on the docket. The server files a return of service. Without it the court treats the defendant as never notified.

If the defendant was not properly served by the hearing date, the hearing is typically adjourned and a new hearing date is set rather than the case proceeding to default judgment.

Claim limit

$7,000

Court

District Court

File online

Yes (statewide)

Appeal window

Generally waived

Common questions

Who serves small claims papers in Michigan?

The plaintiff chooses the method: the court clerk can mail the notice by certified mail for a fee, or the plaintiff may hire a process server or court officer to personally serve the defendant.

Can I serve the papers myself in Michigan?

No. Service is carried out by someone who is not a party to the case. Handing the papers over yourself does not count, and the defect usually surfaces at the worst moment.

Can small claims papers be served by mail in Michigan?

Michigan permits a mail route where the case type allows it. If the defendant was not properly served by the hearing date, the hearing is typically adjourned and a new hearing date is set rather than the case proceeding to default judgment.

What happens if the defendant cannot be found?

The case does not move forward. Courts have alternative-service procedures for that situation, but they have to be applied for and they are not granted automatically.