How to File an Answer in a Debt Collection Case

Use the Do-It-Yourself Civil Answer tool. This will prepare the forms you need.

You will need a copy of the complaint you got. You might need other documents related to the account such as:

• Contracts or agreements with your creditor;
• Account statements to show the last activity on your account;
• The final order in a bankruptcy case; and
• Any other documents that help verify you paid the account or should not have to pay it

Some of the steps later in these instructions may have slightly different information for you depending on how you will file with the court, and so you may want to learn more about the choices in your area.

Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by: 

• In-person filing
• E-mail
• E-Filing using MiFILE
• Mailing or dropping off documents

You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-Filing. To learn more, read What Is E-Filing?.

Sign and date your Answer on the signature lines on the first page and at the bottom of the Affirmative Defenses page. If you chose to sign electronically, this is already done. The electronic signature will look like this: /s/ Your Name.

If you have a Defendant’s Counter Affidavit, you must sign it in front of a notary public. There may be a fee for notarization. You can usually find a notary at a bank or at the court clerk's office. Some copy and print shops also offer notary services for a fee. Contact the bank or other location to make sure that a notary will be available at the time you plan on going.

You will need to show the notary photo identification, such as your driver’s license or state identification card, before you sign the Counter Affidavit.

Make four copies of your Answer. Include all the pages you got that have “ANSWER, CIVIL” at the top.

Make three copies of any supporting documents, such as:

• Defendant's Counter Affidavit;
• Proof of payments;
• Copies of contracts or agreements with your creditor;
• Account statements to show the last activity on your account;
• The final order in a bankruptcy case; and
• Any other documents that help verify what you said in your Answer.

Attach a set of these documents to three of the sets of forms you copied.

If you are filing either by e-mail or using MiFILE, you will not need to make copies.

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 should either be GC or SC. You can check the case number to find out which code to use.

File your original Answer with any supporting documents at the Court Clerk’s office in the court where your case was filed. There is no cost to file your Answer.

If you file your answer by mail, call the court clerk's office and ask how to address it. Include the extra copies of the Answer and supporting documents. Also send a self-addressed envelope with enough postage for the court clerk to send copies back to you. 

Please note that completing the documents on Michigan Legal Help or Law Help Interactive does not file anything with the court.

You must serve (send) your Answer and any supporting documents on the plaintiff. If the plaintiff has a lawyer, you should serve the lawyer.

You must serve this document electronically if you can and if the other party has access to email or another way to accept it electronically. If you or the other party can't do this electronically you can serve it by regular mail. If the plaintiff has a lawyer, the lawyer's address should be on the complaint you got. 

If you are using MiFILE to file documents electronically, your documents will be served (sent to the other party) electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible, or by regular mail if electronic options are not available.

MiFILE is only available for some courts. Even in courts where it is available you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-Filing. To learn more, read What Is E-Filing?.

If you are serving documents by e-mail, keep the following rules in mind:

• All documents must be in PDF format;
• The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
• If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
• Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.

Complete the Certificate of Service at the bottom of your Answer and Counter Affidavit, if you have one. Make a copy of it.

If you are serving electronically, write in how you served your documents. If it is by email, be sure to include the email address that you used. For example you could write “I served this document by email to emailaddress@email.com.”

File the original with the court. You can file this in the same way you filed your documents. Keep a copy of the completed form or forms for your files.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

You should get a notice from the court with a hearing date. You might get notice for a pre-trial hearing or settlement conference first. The court sets these to check in with the parties about how the case is proceeding. If you get notice of a pre-trial hearing, attend it or decisions may get made without you.

If you don’t get a notice of hearing from the court within 15 days of filing your Answer, call the clerk’s office to make sure your Answer was received and ask what’s happening in your case.

Prepare yourself before the day of the hearing. Make a list of what you think the judge needs to know. Review the information in your answer.

Gather your evidence. Evidence is what you show a court to prove your case. It includes any documents that support your case, as well as statements from other people who know firsthand about what happened.

These are brief instructions about going to court. To learn more, watch the Going to Court video.

Attend the hearing and be prepared to tell the judge why you should not have to pay some or all of the debt. Bring your copies of your Answer and the supporting documents for your reference. The hearing will take place at the time and location stated in the summons.

Go to the hearing location on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Tell the clerk your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Be prepared to spend most of the morning or afternoon in court. Bring your witnesses and your evidence with you. Remember to speak clearly, answer any questions the judge asks, and don’t interrupt the judge or the other party.

When people represent themselves in court, they are expected to follow the same rules an attorney does. 

When you are called, go to the podium and tell the judge:

• Your name

• That you’re representing yourself

• What you would like the court to order

• The facts or reasons for your request, including the evidence you’ve brought

• If you have any witnesses who are willing to testify

• Any other information you think the court should hear

Answer the judge’s questions clearly and directly. If the judge wants to hear from your other witnesses, ask them to tell the court what they know or saw regarding your situation.

The judge may decide about your case right away, or the judge may decide later. You should get a copy of the order.

If the judge finds that you owe money that you can’t afford to pay right away, you can ask the judge to order installment payments. You can learn about getting installment payments in Requesting an Installment Payment Plan to Pay a Judgment.