Legal Question in Credit and Debt Law in Michigan
violation of statue of limitation on a debt
Law firm sent a letter for a healthclub debt with a contract signed in 1996 for my wife. Wife never attended, no payment was ever made. I sent a letter to the Attorneyy requesting to cease and desist because the account was past statues. And notifying them taht the account was past statues. I received a summons and complaint on yesterday, sent another letter, verified they received it, they still said they are pursuing debt irregardless to statue. I have a copy of the contract signed 4/22/96.. Please advise
1 Answer from Attorneys
Re: violation of statue of limitation on a debt
The statute of limitations is an absolute defense, HOWEVER, each payment on a standard health club contract renews the creditors rights, so the SOL only applies to each payment.
Further, you may find that the contract specifies a right to accelerate the payments upon default. You are probably going to be bound by the contract, so start negotiating. The firsm taht handle those often do little else, so they know what the deal is before they file a legal action. I could be wrong, but I've yet to see someone get out of these contracts, short of bankruptcy.
You may get a reduction in total owed, but not much.
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