Legal Question in Credit and Debt Law in Michigan

I am currently living in N.Y. and I am being pursued by a collections agency in Michigan where I use to live. the amount of the debt originated at$126.09 and is currently around $ 2,000.00 now. I have not payed on the debt for over almost 7 years now and the statue of limitation laws in both M.I. & N.Y. are 6 years. I informed the the attorney and court system of my residence in N.Y. and they still continue to send information to my Mother's house in M.I. and have set a pretrial for me on Jan 8. In accordance to the law's of the F.D.C.P.A. the collections agency is in violation with not only the statue of limitations but also the law of jurisdiction. How would I be able to use the laws of the F.D.C.P.A. to defend myself when I am in a different state then where I am in the process of having judgment placed on me and can I have this pretrial canceled out ?


Asked on 1/03/10, 12:39 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

You need to retain a lawyer to protect your interests if you cannot make it to Michigan appearances. You should immediately request a change of venue with the court where the action is pending, as lawsuits are generally filed in the jurisdiction/venue where the defendant - you - reside. The collection agency likely did not know you lived in New York when they first commenced suit, or perhaps they didn't care. The SOL for the collection of debt is not 6 years in Michigan - I'm not sure where you obtained that information.

First, try to have the lawsuit dismissed in Michigan based on the fact that you live in New York. Secondly, the lawsuit will be refiled and/or the debt will still be there, so either work out a settlement, or be prepared to defend the suit if and when it is refiled in Michigan.

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Answered on 1/09/10, 1:41 pm


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