Legal Question in Credit and Debt Law in Michigan

We received a summons and complaint for a debt. There are two summons. One is expired; and then there is a new one. There is also an affidavit signed by a judge saying that traditional methods of service failed, so alternative methods were approved. (First class and certified mail, return receipt requested and affixing to the door; or delivering in person). The papers were delivered in a standard envelope that says 'return service requested' with 69 cents postage; and nothing was affixed to our door. Is return service requested the same as return receipt requested? If the service requirements weren't met, do we still have to respond to the complaint? We live in Michigan.

Also - when does the statute of limitations apply to? Is it six years from the date of service; six years from the date the summons was filed; or six years from the date of the original debt? This debt is from May of 2008.


Asked on 9/06/14, 2:01 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

You have been served cause you have actual knowledge of the suit. That's all that really matters. If you default, it's very difficult to set aside.

Your better defense may be statute of limitations. It's six years from the date of last payment. They have to file suit and put it in the hands of a process server prior to the SOL expiring. Good luck.

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Answered on 9/07/14, 4:43 am


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