Hamtramck, MI asked in Consumer Law for Michigan

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?

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1 Lawyer Answer
Trent Harris
Trent Harris
  • Jackson, MI
  • Licensed in Michigan

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.

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