Short answer: In Michigan state court, you generally have 21 days to answer a complaint after it's handed to you, or 28 days if you were served by mail or outside Michigan. If you miss it, the other side can get a default, and a default judgment is hard to undo. And if the lawsuit is against your LLC or corporation, the company generally needs a lawyer to respond in circuit court.

Getting served is stressful, especially when it's your business on the line. Here's a simple plan for the first three weeks.

Day 1: Figure out what you have

Write down the date and how you were served (handed to you, left with an employee, mailed). Your deadline runs from service.
Read the summons: which court, the case number, the judge, and the deadline printed on it.
Read the complaint: who is suing, who they're suing (you personally, the company, or both), and what they want.
Check for a motion or hearing date. Some cases, like evictions or requests for emergency orders, move much faster than 21 days.

Days 1–3: Protect yourself

Don't call the other side to argue or explain. What you say can be used against you.
Don't delete anything. Keep emails, texts, invoices, contracts and accounting records. Destroying evidence after a lawsuit can lead to serious penalties.
Check your insurance. Your business liability policy may owe you a defense. Send the complaint to your agent or insurer in writing right away.
Call a lawyer. Send them the summons, the complaint, and any contract involved.

Days 3–14: Build the response

Your lawyer will review the claims and decide on the right first move:

An answer, responding to each paragraph and raising your affirmative defenses, such as the statute of limitations, payment, or a release. In Michigan, defenses not raised early can be waived.
A motion to dismiss (called "summary disposition") if the complaint is legally defective or barred
A counterclaim if the other side owes you money or breached the deal first
Early settlement talks, if a fast resolution makes more business sense than a fight

Day 21: File on time

The response must be filed with the court and served on the other side by the deadline. If you need more time, ask for an extension before the deadline, not after.

Defaults are expensive. If you don't respond, the plaintiff can ask the clerk to enter a default and then get a judgment, often for the full amount claimed plus costs. To set a default aside, you generally have to show good cause and a meritorious defense. It's much easier to answer on time.

Common business lawsuits we defend

Commercial lease and eviction cases, breach of contract and unpaid invoice claims, partner and LLC member disputes, franchise disputes, construction lien claims, and lawsuits from merchant cash advance and equipment lenders. Many of these are filed in Wayne, Oakland and Macomb County circuit courts, including the business court dockets.

Learn more about our business dispute practice, or read about commercial lockouts.

Just got served?

Send us the papers today and we'll tell you your deadline and your options. نتكلم العربية.

📞 Call (313) 566-4802 Send a message

Attorney responsible for this content: Ali Moubarak (P81729), Moubarak Law Firm, P.C., 1 Parklane Blvd., Ste 729 E, Dearborn, MI 48126 · (313) 566-4802.

Attorney advertising. This article is general information, not legal advice, and laws change. Every case is different, and results in past cases do not guarantee a similar outcome. Contacting us does not create an attorney-client relationship.