Q: If I am sued before the statute of limitation is up, but I am served afterwards, does the debt still count?
I am being sued for credit card debt in the state of Michigan. The last payment on the account was made in February 2013. The complaint was filed on September 24th 2018 and they filed an order for alternate service on January 2 2019. I was served February 6th 2019. Michigan's statute of limitations is six years for debt. Does this debt still fall within the statute of limitations?
A: The contract statute of limitations in Michigan is six years. Breach of the contract, and the cause of action arose, at the earliest when you failed to make a monthly payment in March 2013. The suit was filed timely. It’s the time of filing the suit, not service, that counts for statute of limitations.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.