Legal Question in Credit and Debt Law in Michigan
Can a third-pary collection agency do the following.
1. Currently trying to garnish my Michigan State tax of 2010 without a current judgement in place? (They did this through the Treasury Dept.)
2. File a Judgement against me while I was deployed overseas. (which was dismissed in 2007.)
3. Deny me the Soilder and Sailors relief act when I was active Duty. and inccur a interest rate of 26.99% in 2003.
The current account holder verbally denies me the disclosure of the account details.
I filed an objective against the Tax Garnishment and have a hearing date scheduled.
Check my credit report. The judgement is on there.
The account went deliquent in Dec 2004. Date they have listed account went deliquent. is Oct 2005. Is this not passed a Statue of limitation by now?
Sorry for so many questions. Mass confusion, I am finding this out recently. 2/23/2011
2 Answers from Attorneys
1. No
2. Depends.
3. Im not sure.
4. The statute of limitations for a debt is 6 years from the last payment.
Contact mr at kliszlaw.com to discuss more fully. Tim Klisz
1. Yes, if it is a student loan or some othery types of government loans. No if it is a credit card or medical debt.
2. It depends. If it was dismissed then it is probably not an issue but was it a judgment or a complaint?
3. Probably not, but it depends upon whether you notified them of the fact that you were on active duty.
4. If they obtained a judgment it is good for ten years and can be renewed at least once for another ten years. Are you sure the judgment entered earlier was actually dismissed or did they simply file a Complaint that was dismissed?
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