Legal Question in Credit and Debt Law in Michigan

Legal Recourse From a Debt Collector

I had a debt collector garmish my wages from a credit card recently.

The account was from, at the latest, 1993 and the judgement was from 2003. According to Michigan law the statute of limitations should have expired after six years. I do not ever recall being served to appear in court (I lived in the upper flat of a house and had no front entrance). Because of the garnishment and it's impact on my paycheck I am in the process of settling the account by 30 June. I have settled the debt to the point that the garnishment has been lifted, but the account is not yet paid off. My question is this: Do I have any legal recourse against this collection agency for collecting on a debt where the statute has expired?


Asked on 4/30/07, 8:13 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Legal Recourse From a Debt Collector

The statute had not run, because the debt was reduced to a judgment and the judgment is still enforceable.

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Answered on 5/04/07, 1:48 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Legal Recourse From a Debt Collector

You do not give specific enough information to determine whether the statute of limitations had expired before the judgment was entered. A judgment is good for ten years, and renewable for another 10 years. The statute of limitations (before the judgment was entered) on a consumer debt is six years from last activity such as a payment or use of the card. In any event, I believe it is too late to have the judgment set aside.

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Answered on 5/01/07, 10:35 am


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