Legal Question in Credit and Debt Law in Michigan

length of time to collect

can a credit co. make you pay a 12 yr. old credit debt?


Asked on 4/03/03, 4:20 pm

1 Answer from Attorneys

Thomas Weiss McClintic & Weiss, P.C.

Re: length of time to collect

Hello,

Probably not. The statute of limitation on collecting a debt is 6 years. Now, from when the six years runs can be an interesting and complex question. For example, if you made any payments within the last six years or acknowledged the debt in any manner within the past six years, you may still be liable and the creditor could bring a collection action in a court of law.

However, if there has been zero activity on the account during the past six years, the creditor would not be successful in court based upon the "affirmative defense" of statute of limitation.

Subject to the Fair Credit Collections Act they may or may not attempt to collect the debt by non-judicial means. If the debt is over six years old, I would suggest that you GOOGLE "Fair Credit Collections Act" for advice as to what is permissible or not.

Good luck,

Tom Weiss

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Answered on 4/03/03, 5:05 pm


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