Being Sued in Small Claims? Don’t panic—find your next step in 60 seconds.

Use this quick quiz to determine whether you should set aside a default, remove the case from small claims, or use a defender kit.

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I Don'Know If I Am A Defendant

Michigan-focused. Not a law firm. Not legal advice.

Find Your Next Step

You’re not alone—small claims is confusing when you’re the defendant.
This short quiz helps you figure out the best next move, and what to do right now.

If you have a court date within 7 days, talk to an attorney now.

Defendant Navigator Quiz

Defendant Navigator Quiz

This quiz will inform Defendants or those who believe they are Defendants of their options and rights. Ultimately, Defendants will be suited for our Simple or Ultimate Defense Navigator Kits, our Removal Navigator Kit, or our Set Aside Default Judgment Navigator Kit.

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First—what’s your timing? Is your court date in the next 7 days?

Given the urgency of your matter, we recommend the Ultimate Defense Navigator Kit and adding expedited service at checkout. Alternatively, click "Continue" to learn more about options, or Speak With An Attorney or Submit An Expedited Contact Form to confirm the fastest next step.

 

Ultimate Defense Navigator Kit
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Have you been served with documents from a Michigan District Court listing you as a Defendant that contain the words “Small Claims”?
Have you already missed a court hearing?
Do you believe a default judgment has already been entered against you, or have you received papers that say "Judgment," "Default," or "Garnishment?"
If you received a ‘default judgment,’ ‘judgment,’ garnishment notice, or the court says a judgment has been entered against you than answer yes. If your paperwork does not have these words and you have not missed the court date on your paperwork and then you should not have a default judgment against you.
Did the papers you received contain the words “Affidavit and Claim,” "Complaint,"or give a "Notice to Appear"?

As a Defendant you now have three options: 1) prepare for your hearing with either our Simple or Ultimate Defendant Navigator Kits; 2) file a counterclaim with our Counterclaim Kit or Ultimate Defendant Navigator Kit; or 3) remove the case from small claims by filing a Demand For Removal with our Removal Kit.

Continue answering the questions to find the most appropriate path.

Did you already file paperwork with the court regarding this matter?
Do you want to and can you afford to hire/retain an attorney to represent you in court?

Michigan Small Claims Court does not allow you to be represented in court by an attorney. If you are adamant about being represented by an attorney and can afford to do so then removal to the general district court docket is likely appropriate and our Removal Navigator Kit will get you there.

 

However, if your case does not meet certain characteristics outlined in the next questions and you prefer to get the process over quickly and with the least cost, small claims may still be the more appropriate venue. Continue the Quiz for more guidance if you are unsure, or always feel free to speak with one of our attorneys or submit a general or expedited contact form for more guidance.

Removal Navigator Kit
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Does your case have complex evidence and discovery needs such as a need for subpoenas to acquire records from third parties or even general discovery requests such as asking the opposing party to produce documents or answer questions

All of these discovery options are only available in the general discovery process in District Court, and are NOT available in Small Claims. Therefore, if integral to your counterclaim, AND you wish to hire an attorney, our Removal From Small Claims Kit may be the most appropriate for you. Keep in mind that these options of discovery can be expensive and time-consuming with or without an attorney. Make sure your counterclaim is worth the hassle and cost of removal to district court before deciding to go that route.

 

Continue with the quiz to learn more about defendant's options or you can to speak with an attorney or contact us for more information.

Removal Navigator Kit
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Does your counterclaim involve legal issues beyond "who owes who what" such as consumer protection, fraud, identity theft, issues of venue etc.
A "Counterclaim" is a response to the Plaintiff's claim alleging that they are in fact the party that owes YOU money. It is not mandatory to file a Counterclaim in response to being sued in Small Claims.

None of these legal issues can be handled in small claims court. Therefore, proceeding with our Removal From Small Claims Kit is likely the most appropriate, if you believe that the extra cost and time associated with general District Court proceedings, including hiring an attorney, is worth the fight and your potential outcome.

 

Feel free to continue with the quiz to find out more options and rights of defendants, or speak with one of our attorneys or submit your case details to us with a general or expedited contact form to make sure you're on the right track.

Removal Navigator Kit
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Do you intend to file a counterclaim for more than $7000, or involving a claim not compatible in Small Claims Court such as the return of property, asking them to do/stop doing something, fraud, libel, slander, assault and battery, or any other intentional harm or damage.

None of these legal issues can be handled in small claims court. Therefore, proceeding with our Removal From Small Claims Kit is likely the most appropriate, if you believe that the extra cost and time associated with general District Court proceedings, including attorney fees, is worth the fight and your potential outcome.

 

Feel free to continue with the quiz to find out more options and rights of defendants, or speak with one of our attorneys or submit your case details to us with a general or expedited contact form to make sure you're on the right track.

Removal Navigator Kit
Talk To An AttorneyContact Forms
Does your potential counterclaim involve a third party in addition to the plaintiff?

Adding or joining a third-party into your counterclaim is not an option available in Small Claims Court. If you believe that adding this third party is worth the time and cost associated with  District Court proceedings, then our Removal Navigator Kit is likely the best option for you.

 

If you are still not quite sure, then it is recommended that you speak with one of our attorneys or contact us through an expedited contact form before purchasing a kit.

Removal Navigator Kit
Talk To An AttorneyExpedited Contact Form
Do you believe the plaintiff in fact owes YOU money or caused you damages?
Do you believe that the Plaintiff owes you money or damages from the same event/transaction that they are suing you, or is it from a DIFFERENT event/transaction?
Are you unfamiliar with court proceedings or uncomfortable public speaking?
Are the stakes of this case high for you or is this more of a trivial headache?

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