Michigan
Michigan Debt Collection Laws: Wage Garnishment, Statute of Limitations, and Repossession
Independently fact-checked against primary sources (last audited August 12, 2026). · 11 primary sources cited on this page. How we verify our legal content

If a collector is pursuing you in Michigan, focus on the process first. A private creditor must sue you, win a judgment, and get a garnishment order from the court before any of your paycheck or bank account is legally at risk. The two beliefs that cause the most trouble, that a garnishment can start overnight, and that ignoring a lawsuit makes the problem disappear, are both wrong. Most Michigan garnishments trace back to a default judgment entered because the person being sued never answered the complaint, which makes responding to a summons and complaint the single most valuable thing you can do.
Michigan does not set its own, more generous wage-garnishment formula the way some neighboring states do. It relies on the federal floor. Where Michigan does stand out is in a stronger-than-federal job protection, in its own state-law rules on collector conduct, and in a dead statutory cross-reference that has confused practitioners for years.
Wage Garnishment in Michigan
Michigan has not enacted a state-specific wage-garnishment percentage or multiplier. A judgment creditor garnishing wages in Michigan is limited to the federal Consumer Credit Protection Act formula: the lesser of 25 percent of your disposable earnings for the week, or the amount by which your disposable earnings exceed 30 times the federal minimum hourly wage, currently $217.50 a week. Below that weekly threshold, nothing can be garnished for an ordinary consumer debt. MCL 600.4031 adds only two narrow, unrelated carve-outs: a 40 percent limit on proceeds from the sale of milk or cream, and a clause meant to apply the exemptions in a section numbered 7511.
That second clause is a genuine defect in Michigan's code. MCL 600.7511 does not exist; requesting the section directly returns an error. A 2023-2024 bill, SB 408, would have removed the dead reference along with making other exemption updates, but it died on a second reading in the House in December 2024 without passing, so the broken cross-reference remains in the statute as written. There is no functioning head-of-household wage exemption behind it.
Where Michigan goes beyond federal law is job protection. Under MCL 600.4015, a garnishee-employer cannot use the fact that an employee has had one or more garnishment actions brought against them as grounds for discipline or discharge, unlike the federal rule, which protects only the first debt. A wrongfully discharged employee is entitled to mandatory reinstatement and reimbursement of all lost compensation, enforceable through a civil action.
Michigan's state tax levy percentage was not confirmed against a primary source; the Department of Treasury reportedly gives 10 days' pre-levy notice, but do not assume a specific percentage without checking directly with Treasury or an attorney.
Michigan has no enacted medical-debt garnishment cap. A five-bill Senate package, including a 3 percent interest cap, a lien and foreclosure ban, and a garnishment ban for financially eligible patients, passed the Michigan Senate in March 2026 but has not become law; treat it as pending, not current, until it clears the House and is signed.
Bank Account Protections
Michigan's general property exemption statute, MCL 600.6023, does not include any exemption for money, bank deposits, or wages sitting in an account, only specific property categories: household goods up to $1,000, tools of the trade up to $1,000, homestead equity up to $3,500, and certain insurance and retirement funds. There is no self-executing dollar amount protecting cash in a Michigan bank account from an ordinary judgment creditor. SB 408, the reform bill that died in December 2024, would have added exemptions for public-assistance, unemployment, earned income tax credit, disability, and workers' compensation deposits, but none of that became law.

Federal protection fills much of the gap for benefit income specifically. Under 31 CFR Part 212, a bank that receives a garnishment order must review the account and protect an amount equal to the last two months of directly deposited Social Security, VA, and certain other federal benefit payments, automatically, without the account holder needing to claim an exemption first. That protection covers direct deposit only, not benefits later deposited by paper check.
Statute of Limitations on Debt in Michigan
Michigan sets a 6-year limitations period for contract debt under MCL 600.5807(9), covering an action to recover damages or money due for breach of contract. A residual 6-year period at MCL 600.5813 catches all other personal actions, including open accounts. Because both the contract-specific and residual periods land at 6 years, the written-versus-oral and credit-card classification fights that matter in other states are effectively moot in Michigan. A separate statute, MCL 600.2145, is sometimes cited for account debt, but it is an evidentiary affidavit-of-account statute, not a statute of limitations, and should not be relied on for the time limit itself.
Promissory notes follow the state's UCC Article 3 enactment, MCL 440.3118(1): 6 years from the due date for an ordinary note payable at a definite time, 6 years from demand for a demand note, or a 10-year bar if no demand is made and no principal or interest is paid.
Michigan requires a signed writing to revive time-barred debt. Under MCL 600.5866, a claim otherwise barred by the statute of limitations is revived by the debtor's acknowledgment or promise only if that acknowledgment is made in, or the promise is contained in, a writing signed by the party to be charged. The statute contains no separate clause addressing part payment, so whether a payment alone can serve as an acknowledgment sufficient to revive the debt is not resolved by the statute's text and depends on case law that was not confirmed for this page. Do not assume either that a payment is safe, or that it definitely revives the debt, without checking further.
A foreign-accrued claim is generally barred in Michigan if it would be barred by either Michigan's own period or the period of the state where it accrued, under the borrowing statute MCL 600.5861, except that Michigan's own period alone controls when the claim accrued in favor of a Michigan resident.
Two points hold regardless of classification. Time-barred debt is not erased debt: a collector can still ask you to pay, and it can remain on your credit report for up to 7 years under the Fair Credit Reporting Act, a separate clock. And suing or threatening to sue on debt after the statute of limitations has run is a flat violation of federal Regulation F (12 CFR 1006.26).
What Debt Collectors Can and Cannot Do
Third-party collectors working Michigan accounts answer to the federal Fair Debt Collection Practices Act and Regulation F. They cannot call before 8 a.m. or after 9 p.m. your local time, harass you, misrepresent the amount or legal status of a debt, or threaten to sue on a debt that is already time-barred. Within five days of first contacting you, a collector must send validation information.
The dispute right attached to that notice is worth getting exactly right. Under 15 U.S.C. 1692g(b), if you dispute the debt in writing within 30 days after you receive the validation notice, the collector must cease collection of the debt, or of the disputed portion, until it obtains verification of the debt or a copy of a judgment and mails that verification to you. It is a pause on collection, not a rule about credit reporting, and it is the 30-day written dispute that triggers it.
Michigan's own contribution is not limited to licensing. Article 9 of the Occupational Code, MCL 339.901 and following, licenses collection agencies and separately imposes a list of prohibited acts on them. MCL 339.915 bars a licensee from using forms that simulate judicial process, misrepresenting the legal status of an action or the rights of the creditor or debtor, communicating with a debtor who is actively represented by an attorney, and using a harassing, oppressive, or abusive method to collect a debt.
The state call-time rule is stronger than the federal one. MCL 339.915(n) provides that all communications shall be made from 8 a.m. to 9 p.m. unless the debtor expressly agrees in writing to another time, and it presumes that any telephone communication made from 9 p.m. to 8 a.m. was made at an inconvenient time in the absence of facts to the contrary. Federal law has no equivalent presumption, so a Michigan complaint about a late-night call starts from a better evidentiary position.
Michigan also runs its own validation procedure at MCL 339.918, parallel to the federal one: a written notice within 5 days of the first communication, a 30-day window to dispute in writing, and a duty to cease collection of the disputed debt until the agency obtains verification and mails a copy to the consumer. Violations of the article carry a private action under MCL 339.916 for actual damages or $50, whichever is greater, with a civil penalty of at least three times actual damages or $150 for a wilful violation, and an award of reasonable attorney fees and court costs.
Car Repossession in Michigan
Michigan enacted the standard UCC self-help rule at MCL 440.9609: a secured party may take possession through judicial process, or without judicial process if it proceeds without a breach of the peace. Michigan's statute does not define breach of the peace, leaving its exact boundaries to case law that was not confirmed for this page.

Unlike many neighboring states, no statutory pre-repossession notice or right-to-cure provision was located for Michigan motor vehicles. Michigan's Motor Vehicle Sales Finance Act regulates finance charges and fees, including a cap on storage fees for a repossessed vehicle, but it does not create a cure right or require advance notice before repossession. Michigan's consumer protection here runs through a different mechanism: repossession itself counts as collection agency activity under Michigan law. MCL 339.901(1)(b) defines a collection agency to include a person repossessing or attempting to repossess something of value owed under an agreement, and MCL 339.904(1) requires a license for each place of business conducting that activity, with a narrow exception for interstate communications only. Repossessing without the required license is a violation of Michigan's Occupational Code, a real angle if you believe the repossession itself was handled by an unlicensed operator.
Deficiency judgments after a repossession sale follow Michigan's standard UCC Article 9 disposition rules, requiring a commercially reasonable sale before any remaining balance can be pursued.
Servicemembers get one further protection: for a vehicle financed before military service, the federal Servicemembers Civil Relief Act (50 U.S.C. 3952) requires a court order before repossession.
If You Are Being Garnished or Sued in Michigan
Move in this order. First, if you are served with a lawsuit, file an answer before the deadline, even a bare general denial, because a default judgment forfeits every defense you had, including the statute of limitations. Second, if a garnishment is already running, check the math against the federal 25 percent and $217.50-a-week formula, and check whether the funds involved come from an exempt source like Social Security. Third, if the debt is old, raise the statute of limitations yourself, and be cautious about any payment or written acknowledgment, since a signed writing can revive it. Finally, if the overall debt picture is unmanageable, bankruptcy's automatic stay stops most garnishments and collection lawsuits while the case is pending.
Overwhelmed by debt? Get a free bankruptcy consultation
Bankruptcy can stop foreclosure, wage garnishment, and creditor calls, and which debts you can clear and what property you keep depend on your state's exemptions. Get a free, confidential consultation with a bankruptcy attorney to understand your options. There is no obligation.
Information last verified on 2026-08-12. This article has not yet been reviewed by a licensed lawyer.

Related Resources
- Debt Collection Laws by State
- Statute of Limitations on Debt
- How to Stop Wage Garnishment
- Car Repossession Laws
- Can Social Security Be Garnished?
- Michigan Statute of Limitations
- Michigan Bankruptcy
Last updated: 2026-08-12.
More Michigan Laws
Frequently Asked Questions
How much of my paycheck can be garnished in Michigan?
Michigan has no state formula of its own, so the federal Consumer Credit Protection Act applies: the lesser of 25 percent of disposable earnings or the amount above 30 times the federal minimum wage, currently $217.50 a week.
Does Michigan have a head-of-household wage exemption?
No functioning one. A cross-reference in MCL 600.4031(2)(b) points to a section, MCL 600.7511, that does not exist in current Michigan law, so no head-of-household wage exemption is currently available under that provision.
What is the statute of limitations on credit card debt in Michigan?
Six years, whether the debt is classified as a contract claim under MCL 600.5807(9) or under the residual period of MCL 600.5813, since both land at 6 years.
What happens if I dispute a debt in writing in Michigan?
If you dispute the debt in writing within 30 days after receiving the validation notice, the collector must stop collecting the debt, or the disputed portion of it, until it obtains verification and mails a copy to you. That is the rule under both 15 U.S.C. 1692g(b) and MCL 339.918(2). It pauses collection; it is not a rule about what appears on your credit report.
Can a collection agency call me at 10 p.m. in Michigan?
No. MCL 339.915(n) requires that all communications be made from 8 a.m. to 9 p.m. unless you expressly agree in writing to another time, and it presumes that a call made between 9 p.m. and 8 a.m. was made at an inconvenient time. A violation of that article supports a private action under MCL 339.916.
Does making a payment restart the clock on old debt in Michigan?
Michigan requires a signed writing to revive a time-barred debt under MCL 600.5866. Whether a payment alone can count as an acknowledgment sufficient to revive the debt is not clear from the statute's text and depends on case law; do not assume a payment is safe.
Can I be fired for a wage garnishment in Michigan?
No. MCL 600.4015 bars an employer from disciplining or discharging an employee because of one or more garnishment actions, broader than the federal rule, which protects only the first debt. A wrongfully discharged employee is entitled to reinstatement and lost pay.
Does a repo company need a license to repossess my car in Michigan?
Yes. Michigan law treats repossession as collection agency activity, and MCL 339.904 requires a license for each place of business conducting it. Repossessing without the required license is an Occupational Code violation.
Updates
Corrected the written-dispute rule, which pauses collection of the disputed debt for 30 days after the validation notice rather than affecting credit reporting, and added Michigan's own collection-conduct statutes: the prohibited acts and 8 a.m. to 9 p.m. call rule in MCL 339.915, the validation procedure in MCL 339.918, and the private right of action in MCL 339.916.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Michigan Compiled Laws
§ 339.915Licensee; prohibited actsIn force
A licensee shall not commit 1 or more of the following acts: (a) Communicating with a debtor in a misleading or deceptive manner, such as using the stationery of an attorney or the stationery of a credit bureau unless it is disclosed that it is the collection department of the credit bureau. (b) Using forms or instruments which simulate the appearance of judicial process. (c) Using seals or printed forms of a government agency or instrumentality. (d) Using forms that may otherwise induce the belief that they have judicial or official sanction. (e) 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 communciation when it is made in connection with collecting a debt. (f) Misrepresenting in a communication with a debtor any of the following: (i) The legal status of a legal action being taken or threatened. (ii) The legal rights of the creditor or debtor. (iii) That the nonpayment of a debt will result in the debtor's arrest or imprisonment, or the seizure, garnishment, attachment, or sale of the debtor's property.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at legislature.mi.gov
§ 339.904Collection agency; license required for each place of business; exceptions to licensing requirement of subsection (1); qualifications of applicantIn force
(1) Except as otherwise provided in this article, a person shall not operate a collection agency or commence in the business of a collection agency without first applying for and obtaining a license under this article from the department for each place of business. (2) A person is not subject to the licensing requirement of subsection (1) if the person's collection activities in this state are limited to interstate communications. This subsection does not exempt a person from other requirements of law that regulate collection practices. (3) The department may require financial statements, references, or other information it considers necessary to determine the qualifications of the applicant, including but not limited to, the names, addresses, and references of each member of a partnership or of each officer, director, or shareholder holding 10% or more of the outstanding shares of the agency.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Badeen v. Par, Inc (Michigan Supreme Court 2014, 496 Mich. 75)“…an law but did so without a license, in violation of MCL 339.904(1), and that defendant lenders, who…”
- Asset Acceptance Corp. v. Robinson (Michigan Court of Appeals 2001, 244 Mich. App. 728)“…rate a collection agency without first obtaining a license, MCL 339.904; MSA 18.425(904), and maintaining a sep…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 339.901DefinitionsIn force
(1) As used in this article: (a) "Claim" or "debt" means an obligation or alleged obligation for the payment of money or thing of value arising out of an expressed or implied agreement or contract for a purchase made primarily for personal, family, or household purposes. (b) "Collection agency" means a person that is directly engaged in collecting or attempting to collect a claim owed or due or asserted to be owed or due another, or, subject to subsection (2), repossessing or attempting to repossess a thing of value owed or due or asserted to be owed or due another arising out of an expressed or implied agreement. Collection agency includes an individual who, in the course of collecting, repossessing, or attempting to collect or repossess, represents himself or herself as a collection or repossession agency, or a person that performs collection activities that are regulated under this article on behalf of another.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Badeen v. Par, Inc (Michigan Supreme Court 2014, 496 Mich. 75)“…not satisfy the definition of “collection agency” in MCL 339.901(b) because the phrase “soliciting a cla…”
- Asset Acceptance Corp. v. Robinson (Michigan Court of Appeals 2001, 244 Mich. App. 728)“…provisions of the Michigan collection practices act (mcpa), MCL 339.901 et seq.) MSA 18.425(901)…”
- Margita v. Diamond Mortgage Corp. (Michigan Court of Appeals 1987, 159 Mich. App. 181)“…emotional distress, violated the collection practices act, MCL 339.901 et seq.; MSA 18.425(901)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 600.4031Exemptions; attachment and garnishment; partial exemptionsIn force
(1) The provisions of the statutes relating to exemptions from execution, and the manner of levying upon property belonging to a class or species in which exemptions are by law allowed, shall be applicable to the application of property and obligations to claims by attachment and garnishment. (2) In any garnishment proceeding where the indebtedness of the garnishee to the principal defendant is money owed to the principal defendant on account of (a) the sale to the garnishee of milk or cream or both produced on the farm or farms of the principal defendant, the garnishee's liability to the plaintiff is limited to 40% of such money; (b) personal labor performed by the principal defendant or his family, the garnishee's liability to the plaintiff is limited by the exemptions allowed under section 7511.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Comerica Bank v. Michael Kelman (Michigan Court of Appeals 2018)“…rgument that MCL 600.6023(1)(f) applies to a garnishment is MCL 600.4031(1),1 which states: [t]he…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 600.4015Actions as cause of discipline or discharge of principal defendant from employment; reinstatement; civil actionIn force
A garnishee defendant shall not use the fact that the principal defendant has had 1 or more actions brought against him under the provisions of this chapter or section 8306 as a cause of discipline or discharge of the principal defendant from employment. A garnishee defendant who violates the provisions of this section shall be required to reinstate the principal defendant to employment and reimburse all compensation lost by the discipline or discharge. The principal defendant may enforce his rights under this section by appropriate civil action.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 600.6023Property exempt from levy and sale under execution; lien excluded from exemption; homestead exemption; rents and profitsIn force
(1) The following property of a judgment debtor and the judgment debtor's dependents is exempt from levy and sale under an execution: (a) All family pictures, all arms and accouterments required by law to be kept by any person, all wearing apparel of every person and his or her family, and provisions and fuel for comfortable subsistence of each householder and his or her family for 6 months. (b) All household goods, furniture, utensils, books, and appliances, not exceeding in value $1,000.00. (c) A seat, pew, or slip occupied by the judgment debtor or the judgment debtor's family in a house or place of public worship, and all cemeteries, tombs, and rights of burial while in use as repositories of the dead of the judgment debtor's family or kept for burial of the judgment debtor. (d) To each householder, 10 sheep, 2 cows, 5 swine, 100 hens, 5 roosters, and a sufficient quantity of hay and grain, growing or otherwise, for properly keeping the animals and poultry for 6 months.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 47 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State Treasurer v. Gardner (Michigan Court of Appeals 1997, 222 Mich. App. 62)“…aring, but denied him the same opportunity. He asserts that MCL 600.6023(1)(f); MSA 27A.6023(1)(f) prohibits exe…”
- Selflube, Inc v. Jjmt, Inc (Michigan Court of Appeals 2008, 278 Mich. App. 298)“…re protected under state law exempting IRAs from execution, MCL 600.6023(l)(k). 14 The circuit cour…”
- Cunningham Davison Beeby Rogers & Alward v. Herr (Michigan Court of Appeals 1993, 198 Mich. App. 258)“…nder Michigan law, iras are also exempt from execution. See MCL 600.6023(k); MSA 27A.6023(k). As a genera…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 600.5807Damages for breach of contract; specific performance; period of limitations; bond; deed; mortgage; surety bond; appeal bond; public obligations; other actionsIn forcecited in 3 of our articles
(1) A person may not bring or maintain an action to recover damages or money due for breach of contract or to enforce the specific performance of a contract unless, after the claim first accrued to the person or to someone through whom the person claims, the person commences the action within the applicable period prescribed by this section. (2) The period of limitations on an action charging a surety on a bond of a personal representative or guardian is 4 years after the discharge of the personal representative or guardian. (3) Except as otherwise provided in this section or another statute of this state, the period of limitations is 10 years for an action founded on a bond of a public officer. (4) The period of limitations on an action founded on a bond executed under sections 80 and 81 of 1846 RS 16, MCL 41.80 and 41.81, is 2 years after the expiration of the year for which the constable was elected. (5) The period of limitations is 10 years for an action founded on a covenant in a deed or mortgage of real estate. (6) Except as otherwise provided in another statute of this state, the period of limitations is 2 years for an action charging a surety for costs.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 305 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Miller-Davis Co. v. Ahrens Construction, Inc. (Michigan Supreme Court 2014, 495 Mich. 161)“…by the general statute of limitations for contract actions, MCL 600.5807(8). Because Miller-Davis’s complaint al…”
- Lothian v. City of Detroit (Michigan Supreme Court 1982, 414 Mich. 160)“…year limitations period for breach of contract specified in MCL 600.5807; MSA 27A.5807. [11] However, the Court…”
- Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc. (Michigan Supreme Court 2013, 494 Mich. 543)“…governed by the six-year period of limitations provided in MCL 600.5807(8). Accordingly, we reverse the contrar…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Michigan Statute of Limitations: Filing Deadlines by Case Type
§ 600.5813Other personal actionsIn forcecited in 3 of our articles
All other personal actions shall be commenced within the period of 6 years after the claims accrue and not afterwards unless a different period is stated in the statutes.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 207 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Adams v. Adams (Michigan Court of Appeals 2007, 276 Mich. App. 704)“…roperly applied the residual six-year limitations period of MCL 600.5813. Defendants secondarily assert that eve…”
- City of Detroit v. Walker (Michigan Supreme Court 1994, 445 Mich. 682)“…troactive reach of 1988 PA 202 has statutory limitations. MCL 600.5813; MSA 27A.5813 provides that personal ac…”
- Terlecki v. Stewart (Michigan Court of Appeals 2008, 278 Mich. App. 644)“…f limitations applicable to “[a]ll other personal actions.” MCL 600.5813. The statutes of limitations “apply equ…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 600.5866Revival of barred claim; written acknowledgment of obligorIn force
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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Adams v. City of Detroit (Michigan Court of Appeals 1998, 232 Mich. App. 701)“…six-year period of limitation. m. REVIVAL OF CLAIMS UNDER MCL 600.5866; MSA 27A.5866 In November 1991, defen…”
- In Re Easterbrook Estate (Michigan Court of Appeals 1982, 114 Mich. App. 739)“…e writing signed by the party to be charged by the action.” MCL 600.5866; MSA 27A.5866. We have examined…”
- Muzaffar H Lakhani v. City of Inkster (Michigan Court of Appeals 2023)“…3- Plaintiff argues, however, that MCL 600.5866 revived his claim with respect to the s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 600.5861Cause of action accruing without state; limitation on commencement of actionIn force
An action based upon a cause of action accruing without this state shall not be commenced after the expiration of the statute of limitations of either this state or the place without this state where the cause of action accrued, except that where the cause of action accrued in favor of a resident of this state the statute of limitations of this state shall apply. This amendatory act shall be effective as to all actions hereinafter commenced and all actions heretofor commenced now pending in the trial or appellate courts.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 38 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Hall v. General Motors Corp. (Michigan Court of Appeals 1998, 229 Mich. App. 580)“…ument regarding the effect of Michigan’s borrowing statute, MCL 600.5861; MSA 27A.5861. 7 See Farrell, supra…”
- Scherer v. Hellstrom (Michigan Court of Appeals 2006, 270 Mich. App. 458)“…alled on to determine whether Michigan’s borrowing statute, MCL 600.5861, applies to this case. Specifically, we…”
- Cliffs Forest Products Co. v. Al Disdero Lumber Co. (Michigan Court of Appeals 1985, 144 Mich. App. 215)“…e applies to the transactions at issue. In addition, MCL 600.5861; MSA 27A.5861, the "borrowing” statute…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 440.3118Action to enforce obligation; commencement; time period; other actionsIn force
(1) Except as provided in subsection (5), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date. (2) Except as provided in subsection (4) or (5), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within 6 years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years. (3) Except as provided in subsection (4), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within 3 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Standard Federal Savings & Loan Ass'n v. Citizens Insurance Co. of America (Michigan Court of Appeals 1980, 99 Mich. App. 338)“…ree circulation of negotiable paper”, Official Comment 1 to MCL 440.3118; MSA 19.3118, we feel this strict const…”
- Cadlerock Joint Venture Lp v. Atina Buterakous (Michigan Court of Appeals 2023)“…on a note is 6 years after the due dates pursuant to MCL 440.3118(1 ). If the lender accelerates t…”
- Wilmington Savings Fund Society Fsb v. Alex Schmidt (Michigan Court of Appeals 2021)“…eld that the applicable limitations period was set forth in MCL 440.3118, which provides limitations on actions…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 600.2145Open account or account stated; proof, counterclaimIn force
In all actions brought in any of the courts of this state, to recover the amount due on an open account or upon an account stated, if the plaintiff or someone in his behalf makes an affidavit of the amount due, as near as he can estimate the same, over and above all legal counterclaims and annexes thereto a copy of said account, and cause a copy of said affidavit and account to be served upon the defendant, with a copy of the complaint filed in the cause or with the process by which such action is commenced, such affidavit shall be deemed prima facie evidence of such indebtedness, unless the defendant with his answer, by himself or agent, makes an affidavit and serves a copy thereof on the plaintiff or his attorney, denying the same.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc. (Michigan Supreme Court 2013, 494 Mich. 543)“…n courts. 27 For example, the burden-shifting statute (now MCL 600.2145) has expressly included open account cl…”
- Wilson Leasing Co. v. Seaway Pharmacal Corp. (Michigan Court of Appeals 1974, 53 Mich. App. 359)“…advanced by the parties: The Pleadings Wilson invokes MCLA 600.2145; MSA 27A.2145, to support its claim tha…”
- Echelon Homes, LLC v. Carter Lumber Co. (Michigan Court of Appeals 2004, 261 Mich. App. 424)“…t be created by filing an affidavit of account stated under MCL 600.2145. The creation of an account stated re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 440.9609Secured party's right to take possession after defaultIn force
(1) After default, a secured party may do 1 or more of the following: (a) Take possession of the collateral. (b) Without removal, render equipment unusable and dispose of collateral on a debtor's premises under section 9610. (2) A secured party may proceed under subsection (1) either pursuant to judicial process, or without judicial process if it proceeds without breach of the peace. (3) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party that is reasonably convenient to both parties.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People of Michigan v. Henry Anderson (Michigan Court of Appeals 2018)“…Anderson contends that the self-help repossession statute, MCL 440.9609, provides that a secured party may take…”
- Charles Magley III v. M&W Incorporated (Michigan Court of Appeals 2018)“…a secured creditor may take possession of the collateral. MCL 440.9609(1)(a). However, repossession of propert…”
- 12five Capital LLC v. Aquaform Watercraft LLC (Michigan Court of Appeals 2026)“…Uniform Commercial Code and applicable state law, including MCL 440.9609 . . . .” In October 2023, the t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Federal Regulations Title 12
§ 1006.26Collection of time-barred debts.In forcecited in 37 of our articles
(a) Definitions. For purposes of this section: (1) Statute of limitations means the period prescribed by applicable law for bringing a legal action against the consumer to collect a debt. (2) Time-barred debt means a debt for which the applicable statute of limitations has expired. (b) Legal actions and threats of legal actions prohibited. A debt collector must not bring or threaten to bring a legal action against a consumer to collect a time-barred debt. This paragraph (b) does not apply to proofs of claim filed in connection with a bankruptcy proceeding.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at ecfr.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Hanover v. Real Time Resolutions, Inc. (2024) dismissed FDCPA claims built on 12 CFR 1006.26(b), reasoning it bars only collection of time-barred debts and the loans at issue were not time barred. Raja v. Specialized Loan Servicing, LLC (2025) dismissed a Regulation F claim because nonjudicial foreclosure is not covered by the FDCPA.
Opinions citing this section in our collection:
- Hanover v. Real Time Resolutions, Inc. (District Court, S.D. Ohio 2024)✓A borrower claimed a servicer's letter and billing statement lacked language required by 12 CFR 1006.26(b); the court granted the servicer summary judgment, since the rule only bars collecting time-barred debts and it had already found her HELOC and mortgage enforceable.
- Raja v. Specialized Loan Servicing, LLC (District Court, E.D. Virginia 2025)✓Pro se homeowners alleged a servicer and foreclosure attorneys pursued a time-barred, discharged second mortgage in violation of 12 CFR 1006.26(b); the court dismissed that claim, holding parties carrying out a nonjudicial foreclosure are not FDCPA debt collectors.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Idaho Debt Collection Laws: Garnishment Limits, Debt Deadlines, and Repossession, Maine Debt Collection Laws: Wage Garnishment, Statute of Limitations, and Repossession, Alaska Debt Collection Laws: Wage Garnishment, Statute of Limitations, and Repossession
United States Code Title 50
§ 3952Protection under installment contracts for purchase or leaseIn forcecited in 17 of our articles
After a servicemember enters military service, a contract by the servicemember for— the purchase of real or personal property (including a motor vehicle); or the lease or bailment of such property, may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such breach without a court order. This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service. A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 3918 of this title, or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Ditech Holding Corporation (United States Bankruptcy Court, S.D. New York 2025)“…d on, or sold during or within a year after active service. 50 U.S.C. §§ 3952, 3953. Claimant states that he re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Debt Collection Laws: Wage Garnishment, Statute of Limitations, and Repossession, Louisiana Debt Collection Laws: Prescription, Garnishment, and Repossession, Maryland Debt Collection Laws: Wage Garnishment, Statute of Limitations, and Repossession
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Sources and References
- MCL 600.4031, Exceptions to Garnishment(legislature.mi.gov).gov
- MCL 600.4015, Discharge or Refusal to Employ Prohibited(legislature.mi.gov).gov
- MCL 600.6023, Property Exempt from Levy and Sale(legislature.mi.gov).gov
- MCL 600.5807, Six-Year Period of Limitations for Contract Actions(legislature.mi.gov).gov
- MCL 600.5813, Residual Period of Limitations(legislature.mi.gov).gov
- MCL 440.3118, Statute of Limitations on Negotiable Instruments(legislature.mi.gov).gov
- MCL 600.5866, Acknowledgment or Promise Reviving Time-Barred Claim(legislature.mi.gov).gov
- MCL 600.5861, Borrowing Statute for Foreign Claims(legislature.mi.gov).gov
- MCL 440.9609, Secured Party Right to Take Possession After Default(legislature.mi.gov).gov
- MCL 339.901 and MCL 339.904, Collection Agency Licensing (Occupational Code)(legislature.mi.gov).gov
- 12 CFR 1006.26, Collection of Time-Barred Debt (Regulation F)(ecfr.gov).gov
- MCL 339.915, Prohibited Acts by a Collection Agency Licensee(legislature.mi.gov)
- MCL 339.916, Civil Action for Violation, Damages and Attorney Fees(legislature.mi.gov)
- MCL 339.918, Written Notice of Debt and Dispute Procedure(legislature.mi.gov)
- 15 U.S.C. 1692g, Validation of Debts (Fair Debt Collection Practices Act)(law.cornell.edu)