Debt collectors in Michigan

Credit cards: Credit card collection suits are breach-of-contract actions governed by the 6-year period of MCL 600.5807(9), which covers 'an action to recover damages or money due for breach of contract'. Michigan has no shorter open-account or consumer-debt period.

Payments and acknowledgments: MCL 600.5866: an acknowledgment or promise stops the limitations period or revives a barred contract claim only if it is in a writing signed by the party to be charged. Unlike MA, MN and ME, the statute has no clause preserving the effect of part payment, and the case law on whether a bare part payment restarts the period was not confirmed this session (secondary sources commonly say it does). (b) After expiry, a signed written acknowledgment or promise revives the claim. No Michigan statute bars revival of consumer debt.

Judgments: MCL 600.5809(3): 10 years for an action founded on a judgment of a court of record (6 years for courts not of record). Within that period 'an action may be brought upon the judgment' for a new judgment, which gets its own 10-year period. Renewal is by a new action on the judgment before expiry.

Other rules: The official site legislature.mi.gov refused connections (ECONNREFUSED) throughout the session, so all text was read on FindLaw, which cautions it may not be current. The subsection number of the breach-of-contract clause has shifted over time ((8) in older versions, (9) now); cite by text if unsure. No Michigan statute bans suing on time-barred debt; the federal FDCPA and Reg F still bind debt collectors. The part-payment rule should be confirmed with Michigan case law before the tool relies on it.

• open account: MCL 600.5807(9)
• written contract: MCL 600.5807(9)
• oral contract: MCL 600.5807(9)
• promissory note: MCL 440.3118(1) (6 yrs, note payable at definite time)
• judgment: MCL 600.5809(3)
• payment restarts: MCL 600.5866
• other: MCL 445.252 and MCL 339.915 (collection-practices acts) contain no express time-barred-debt provision; the nearest is (f)(i), misrepresenting the legal status of an action

Sources: codes.findlaw.com · codes.findlaw.com · codes.findlaw.com