Michigan debt statute of limitations

Michigan limitation periods by type of debt

Michigan applies a 6-year breach-of-contract period with no written/oral split (§ 600.5807(9)).

What the Michigan statute says

“The period of limitations is 6 years for an action to recover damages or money due for breach of contract that is not described in subsections (2) to (8).”
Mich. Comp. Laws § 600.5807(9)

Does paying restart the clock in Michigan?

A signed written acknowledgment or promise revives a debt (Mich. Comp. Laws § 600.5866).

“Express or implied contracts which have been barred by the running of the period of limitation shall be revived by the acknowledgment or promise of the party to be charged. But no acknowledgment or promise shall be recognized as effective to bar the running of the period of limitations or revive the claim unless the acknowledgment is made by or the promise is contained in some writing signed by the party to be charged by the action.”
Mich. Comp. Laws § 600.5866

Michigan’s own debt collection law

Michigan's collection practices act (1981 PA 70, MCL 445.251 et seq.) bars creditors and other "regulated persons" from misleading, deceptive, or harassing collection of consumer debts; licensed collection agencies are covered by a parallel list in MCL 339.915.

“Making an inaccurate, misleading, untrue, or deceptive statement or claim in a communication to collect a debt or concealing or not revealing the purpose of a communication when it is made in connection with collecting a debt.”
Mich. Comp. Laws § 445.252(e)

If a creditor wins a judgment in Michigan

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Michigan rules take over.

How long a judgment lasts

In Michigan, the limitations period for an action founded on a judgment of a court of record is 10 years from rendition (6 years for a court not of record, which includes the small claims division of district court), and within that period the creditor may sue on the judgment for a new judgment, which gets a fresh period.

“the period of limitations is 10 years for an action founded upon a judgment or decree rendered in a court of record of this state, or in a court of record of the United States or of another state of the United States, from the time of the rendition of the judgment or decree.”
Mich. Comp. Laws § 600.5809(3)

Small claims court

Beginning January 1, 2024, Michigan's small claims division of the district court hears cases for the recovery of money where the amount claimed does not exceed $7,000.

“The jurisdiction of the small claims division shall be confined to cases for the recovery of money in which the amount claimed does not exceed the following: (a) Beginning September 1, 2012, $5,000.00. (b) Beginning January 1, 2015, $5,500.00. (c) Beginning January 1, 2018, $6,000.00. (d) Beginning January 1, 2021, $6,500.00 (e) Beginning January 1, 2024, $7,000.00.”
Mich. Comp. Laws § 600.8401(e)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Michigan treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Michigan?

6 years for credit-card debt and 6 years on a written contract, under Mich. Comp. Laws § 600.5807. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Michigan?

A signed written acknowledgment or promise revives a debt (Mich. Comp. Laws § 600.5866).

Does Michigan have its own debt collection law?

Michigan's collection practices act (1981 PA 70, MCL 445.251 et seq.) bars creditors and other "regulated persons" from misleading, deceptive, or harassing collection of consumer debts; licensed collection agencies are covered by a parallel list in MCL 339.915. (Mich. Comp. Laws § 445.252(e)).

How long does a court judgment last in Michigan?

In Michigan, the limitations period for an action founded on a judgment of a court of record is 10 years from rendition (6 years for a court not of record, which includes the small claims division of district court), and within that period the creditor may sue on the judgment for a new judgment, which gets a fresh period. (Mich. Comp. Laws § 600.5809(3)).

What if I am sued on an old debt in Michigan?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.