Legal Question in Credit and Debt Law in Michigan
Debt-Dispute
I'm apprently being sued over a credit card that was charged off over 15 years ago. I don't have any of the paper work to proove it. Is there a statute of limitations for something like this? Does that get renewed because they involved a lawyer 10+ years later? What should my response be?
3 Answers from Attorneys
Re: Debt-Dispute
The statute of limitation for breach of contract is 6 years. A judgment creditor would have to refile the judgment every 10 years to collect on it.
If there is a lawsuit in the courts, then you must respond to the complaint denying and disputing the debt, and moving to dismiss it because the statute of limitation has expired.
If there is no lawsuit, then you should in writing respond denying and disputing the debt and describing that the statute of limitation has lapsed.
If you would like further information on how to deal with debt collectors, please visit my website at www.lawrefs.com under the consumer law heading.
Re: Debt-Dispute
that's correct the statute of limitation for a contract is 6 years. I handle these matters all the time, i use to work for creditors now my partner and i work for the debtors. You should speak with a attorney ASAP, as there are urgent deadlines in these matters. if you are looking to hire and attorney, please consider us.
Re: Debt-Dispute
You need to retain a lawyer to properly defend you and immediately respond to the complaint so that you do not get defaulted and end up getting a wrongful judgment against you. Please contact me if you can afford to retain a lawyer. Thanks.