Michigan Debt Collection Defense & Regulation Act
Statutory limitations periods, civil procedure defense rules, and debt buyer evidentiary requirements in Michigan.
Governing Statutory Framework
Primary Statutes: Michigan Regulation of Collection Practices Act (MRCPA, MCL 445.251) and MCL 600.5807.
Jurisdiction: Trial courts, small claims divisions, and county courts in Michigan.
Jurisdiction: Trial courts, small claims divisions, and county courts in Michigan.
Procedural & Substantive Defenses in Michigan
In Michigan, breach of contract claims must be brought within 6 years under MCL 600.5807. In District Court civil actions under $25,000, consumers must file an Answer within 21 days (if served personally) or 28 days (if served by mail). The MRCPA prohibits misleading collection threats and deceptive attorney correspondence.
Mandatory Defense Steps for Michigan Consumers
- Check the Summons Deadline: Immediately verify your response deadline. In Michigan, missing your answer cutoff results in an immediate default judgment.
- Demand Chain of Title: File an Answer denying unauthenticated assignment claims. Force the debt buyer to produce the complete, unredacted Bill of Sale and cardholder agreement.
- Assert Statute of Limitations: If no payment has been made within the statutory period, raise the statute of limitations as your first affirmative defense.
- Challenge Unauthorized Fees: Review the complaint for unlawful interest charges, late fees, or attorney fees not authorized by original card agreements.
Interactive Self-Help Tools
Statute of Limitations Calculator
Verify if your debt is time-barred under Michigan law.
Check SOL →Settlement Savings Estimator
Calculate realistic discount targets for resolving this lawsuit.
Estimate Settlement →