You opened the mail. Now you are being sued for a debt. It is a terrible feeling. You might feel overwhelmed, or you might want to hide the documents and hope they go away.
Do not wait. You have a chance to fight back. Ignoring the Summons is the one sure way to lose the case and face a default judgment.
In Michigan, you have 21 or 28 days to file a response, called an Answer, with the court. Our self-help tools can help you prepare and file your document quickly.
Action Step: Start preparing your Answer now. You can use DebtAegis to draft your court-ready document in minutes. Get started with DebtAegis Document Preparation.
Michigan’s Tight Deadline: When Must You Respond?
When a creditor or debt buyer sues you, they file a Summons and a Complaint with the court. The moment you are officially “served” with these documents, the clock starts. The deadline is strict. If you miss it, the other side wins by default.
The deadline depends on how you received the paperwork:
- 21 days: If you received the paperwork in person (called “personal service”).
- 28 days: If the paperwork was mailed to you, or if you were served outside of Michigan.
Do not wait for the deadline. If the last day is a weekend or holiday, the deadline moves to the next day the court is open. Plan to file early.
If you fail to file your Answer on time, the court can enter a default judgment. This ruling allows the creditor to use tools like wage garnishment or bank levies to collect the full debt amount they claimed. You lose your right to dispute the debt entirely.
The Three Simple Steps to File Your Answer
Answering a lawsuit can feel complex, but it boils down to three core steps. By completing these, you challenge the creditor and force them to prove their case.
- Answer each claim in the Complaint.
- Assert your legal defenses.
- File your Answer with the court and serve a copy to the plaintiff.
1. Answer Each Claim in the Complaint
The Complaint lists several claims against you, usually in numbered paragraphs. You must address every single one.
For each numbered claim, you have three basic choices:
- Admit: You agree this statement is true.
- Deny: You state this is false. You are asking the plaintiff to prove it.
- Deny due to lack of knowledge: You do not know if the statement is true or false.
Legal strategy suggests you deny as many claims as you can honestly. This puts the burden of proof squarely on the debt collector. If they lack the necessary paperwork or proof, the court may dismiss the case.
Our document preparation service guides you through these responses claim by claim, ensuring procedural compliance and a complete Answer.
2. Assert Your Legal Defenses
After responding to the claims, you must list your “affirmative defenses.” This is your chance to tell the court why the creditor cannot win. Even if you owe the debt, a valid legal defense can defeat the lawsuit.
Common defenses in Michigan debt cases include:
- Statute of Limitations: The time limit for the creditor to sue has run out (often six years for most consumer debt).
- Lack of Standing: The party suing you is not the original creditor and cannot prove they legally own the debt.
- Payment: You have already paid the debt, or they have not credited all your payments.
- Improper Party: They are suing the wrong person entirely.
You must list all applicable defenses in your Answer. If you do not raise a defense now, you generally cannot use it later in court.
3. File the Answer and Serve the Plaintiff
This is the final, essential step. A perfect Answer document is useless if you do not file it correctly and on time.
Filing with the Court:
- Sign the original Answer document.
- Make at least four copies.
- File the original with the court named in your Summons (in person or by first-class mail).
- Michigan does not charge a fee to file your Answer.
Serving the Plaintiff:
- You must deliver a copy of the filed Answer to the plaintiff or their attorney.
- Do this by personal service or by first-class mail.
- Certified mail with return receipt requested is a wise step to prove the plaintiff received it.
Once you serve the plaintiff, you complete the Certificate of Service section on one of your remaining copies, file that copy with the court, and keep the last copy for your records. This step proves you followed the rules.
Understanding the Michigan Statute of Limitations
The Statute of Limitations (SOL) is the legal clock for the debt. If the clock runs out, the creditor loses their right to sue you in court, even if the debt is still owed. This makes SOL one of your most powerful defenses.
In Michigan, the time limit for most consumer debt is six years. This applies to:
- Credit Card Debt.
- Medical Debt.
- Written and Oral Contracts.
- Personal Loans.
A key point: The clock usually starts on the date of your last payment or the last activity on the account. If you make a partial payment on an old debt, you can accidentally “reset” the clock and give the creditor six more years to sue you.
CRITICAL: If you are sued for a time-barred debt, you must still file your Answer and assert the Statute of Limitations as a defense. If you ignore the lawsuit, the court will still grant a default judgment against you.
What Happens Next?
By filing your Answer, you stop the default judgment and force the creditor to deal with you. They must now prove their claims in court.
The next steps usually involve a period of discovery (where both sides gather facts) and then a pretrial conference or hearing. Filing your Answer buys you time, opens the door to potential settlement, or sets the case up for dismissal if the creditor cannot prove their claims.
You took the first step by reading this. Now take the next step: prepare your document and file it.
Do not let fear cost you money. Get your court-ready Answer and step-by-step procedural compliance guide today.