Muskegon, MI asked in Consumer Law for Michigan

Q: Are there any exemptions to statute of limitations on a credit purchase from 2005?

I am apparently being sued for $1000+ from Kay Jewelers from 2005(I believe I paid it but since it was a $150 purchase and so long ago I don't have proof). It has never shown on my credit report as a collection and actually opened a new Kay Jewelers credit account a year ago with no issues.

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

A: Yes, there is a 6-year statute of limitations for breach of contract in Michigan. They would've needed to sue you by 2011. But if you are dealing with this now, chances are they already got their money judgment in court and if so, they can renew that every 10 years until the debt is paid.

My advice: contact the plaintiff attorney and try to work out a lump sum cash settlement or a monthly payment plan to settle the debt. Or, if you can't get an agreement, you can file a motion for installment payments with the court and if that's granted, you can avoid a wage garnishment. Or, if neither of those things are going to work for you and you have other substantial debts that you can't pay, you might want to consider whether bankruptcy is right for you.

For further information, consult with a qualified bankruptcy attorney in your area.

Brent T. Geers agrees with this answer

1 user found this answer helpful

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