File your Affidavit and Claim form and the copies with the Court Clerk’s office in the court you selected.
Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1.
If you are e-Filing using MiFILE you will need to know the case-type code. The case-type code for small claims cases is "SC." Look for your court on the chart, and then check to see if "SC" is listed as one of the case types they take for e-Filing.
You must pay the filing fee when you file your Affidavit and Claim. The filing fee is based on how much money you’re asking for. The filing fee is:
- $30 if you’re asking for up to $600
- $50 if you’re asking for $600 up to $1,750
- $70 if you’re asking for more than $1,750
If you can’t afford to pay the filing fee, you can ask the court to waive your fees. The form you can use for this is the Do-It-Yourself Fee Waiver tool. Your case will not start until you pay the filing fee or the fee waiver is approved.
When you file your documents, the court clerk will make arrangements to serve a copy of your Affidavit and Claim on each defendant. You must pay the cost of this service if you did not get your fees waived. You must serve the other party by personal service or by certified mail, return receipt requested. The cost of service can be as little as $15.00 for certified mail, or as much as $26.00 plus mileage for personal service.
The clerk will record the filing of your claim, assign a case number to it, and write the name of the judge or magistrate assigned to the case on the forms. The clerk will also complete the notice of hearing, which will state when and where the hearing on your case will be.
If you file in person, give the clerk the original and all the copies. The clerk will give you back what the court doesn’t need after stamping and signing the documents and entering the hearing date.
If you file by mail, you need to contact the court to find out how much it will cost to serve the Affidavit and Claim on the Defendant. Send the clerk:
- all four signed and notarized copies of the Affidavit and Claim,
- payment for the filing fee,
- payment for service, and
- a self-addressed stamped envelope so the clerk can return your copy to you.
If you are filing by e-mail or using MiFILE, contact the court to find out how they would like the documents to be filed, for the payments to be made, and for the notice of hearing to be filled out.
Please note that completing the documents on Michigan Legal Help or Law Help Interactive does not file anything with the court.