4. Put your packet together.
After printing the completed complaint (form DC 102c), the summons (form DC 104),and the jury demand
(form MC 22, if needed), put together four packets. For each packet, put the summons on top, followed
by the complaint, the jury demand (if needed), the notice to quit, and your lease or occupancy agreement.
Staple each packet individually. All these documents are your complaint packet. NOTE: These instructions
are written for one defendant. If there is more than one defendant, you will have to make an additional
copy for each defendant for all the remaining steps. Keep for yourself the remaining summons page
and the two proof of service pages. You will need these later. See Step 5a and Step 5b.
5. File the Complaint packet with the court.
Generally, it is a good idea to file your complaint packet with the court in person because you can make
arrangements with the court to have the summons and complaint served on the defendant. Also, if you
have forgotten something, you can take care of that right away. To file in person, follow the instructions
in step 5a.
If you don't want to file with the court in person, you can mail all four complaint packets and the remaining
summons page to the clerk of the court in the district court where your property is located. The steps
for mailing are more inconvenient because you may have to go to the post office several times and the
arrangements for service of the complaint packet will be more time-consuming. To file by mail, follow
the instructions in step 5b.
You must include payment for the filing fees when you file the complaint packet. If you can’t afford to pay
the filing fee, ask the clerk of the court for a Fee Waiver Request (form MC 20, which is not included in
this packet). If you are also seeking money damages, make sure you include the additional filing fee.
Step 5a: Filing with the court in person and making arrangements for service by the court
Filing the Summons and Complaint packet: Take to the clerk of the court in the district court where
your property is located all four complaint packets, the fifth copy of the summons form DC 104 that you
made in Step 4, and the two proofs of service from form DC 104. Bring your payment for the filing fee
with you.
Be prepared to pay for the cost of service. This includes the cost of serving two packets to the defendant,
one by first-class mail and one by personal service or delivery as required by Michigan Court
Rule 4.201(D). This costs $26.00 plus mileage for each defendant (tenant).
The clerk will record the filing of your complaint, assign a case number, and write the name of the judge
assigned to your case on all copies of the summons and complaint forms. The clerk will issue the
summons by dating, signing, and sealing the summons.
Serving the Summons and Complaint packet: The clerk will keep the original of the summons and
complaint packet for the court file, will mail one copy to the defendant, will make arrangements for
personal service or delivery, and will return the remaining packet to you.
Step 5b: Filing with the court by mail and making arrangements for service
Filing the Summons and Complaint packet: In deciding whether to file by mail, you should first
consider how you want to handle service of the summons and complaint packet on the defendant
(tenant). According to Michigan Court Rule 4.201(D), the summons and complaint must be served on
the tenant by two methods, one of which is mailing by first-class mail to the defendant.
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