Sued by a debt collector in Michigan

In Michigan you usually have about 21 days to answer a debt lawsuit. Here is what happens if you don't, how an old debt can be a defense, what can be taken if you lose and what to do now.

Short answer

Mark your deadline the day you are served. 21 days after you receive the summons and complaint, if served in person in Michigan. If you don't answer or take other action in time, the court may enter a judgment against you for what the plaintiff asked for (summons form MC 01). A debt older than Michigan's time limit for written contracts (6 years) can be a defense.

Time to answer
21 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

The answer deadline in Michigan

Time to answer
21 days after you receive the summons and complaint, if served in person in Michigan. 28 days if you were served by mail or outside Michigan (MCR 2.108(A); summons form MC 01). This applies in district and circuit court.
Court self-help
Michigan court self-help (official)

Michigan gives 21 days, about the same as most of our 48 state guides (14 to 30 days).

In nearby states

Missing the deadline in Michigan

If you don't answer or take other action in time, the court may enter a judgment against you for what the plaintiff asked for (summons form MC 01).

Old debts as a defense in Michigan

Michigan's time limit to sue is 6 years (MCL 600.5807(9); MCL 600.5866). On whether a payment restarts the clock in Michigan: A time-barred contract debt is revived only by an acknowledgment or promise to pay that is in writing and signed by you. Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Check Michigan's statute of limitations

After a judgment in Michigan

  • Wage limit: The court's garnishee disclosure form uses the federal tests: the lesser of 25% of your disposable earnings, or the amount above 30 times the federal minimum wage per week (SCAO form MC 14, citing 15 U.S.C. §§ 1672-1673).
  • Property: Homestead: up to $3,500 in value for a home you own and live in (40 acres outside a town, or 1 lot in a town) (MCL 600.6023(1)(g)).

Michigan's garnishment rules

More Michigan rules on collection suits

  • Michigan has two collection laws. One covers licensed collection agencies (Occupational Code Article 9). The other covers creditors collecting their own debts (Regulation of Collection Practices Act). Both let you sue for at least $50 (MCL 339.916; MCL 445.257).

Your claims against the collector in Michigan

You can sue under either law. You get your actual damages or $50, whichever is more. If the violation was willful, the court may add a penalty of at least 3 times your actual damages or $150, whichever is more, and in that case must award attorney's fees and court costs (MCL 445.257; MCL 339.916).

What to do if you are sued in Michigan

  1. Confirm the case with the court

    Find the case through the court's own website or clerk.

  2. Count the days

    In Michigan: 21 days after you receive the summons and complaint, if served in person in Michigan.

  3. File a written answer

    File it with the court clerk and send a copy to the collector's lawyer. Start with Michigan court self-help (official).

  4. List your defenses

    Is it yours, is the amount right, did you pay, is it older than Michigan's 6 years for written contracts?

  5. Show up in court

    Bring your papers. Meanwhile you can still send a dispute letter to make the collector prove the debt.

Where to get free help in Michigan

Questions about debt lawsuits in Michigan

How long do I have to answer a debt lawsuit in Michigan?

21 days after you receive the summons and complaint, if served in person in Michigan. 28 days if you were served by mail or outside Michigan (MCR 2.108(A); summons form MC 01). This applies in district and circuit court.

What if I miss the deadline to answer in Michigan?

If you don't answer or take other action in time, the court may enter a judgment against you for what the plaintiff asked for (summons form MC 01).

Is an old debt a defense to a lawsuit in Michigan?

Michigan's time limit to sue is 6 years (MCL 600.5807(9); MCL 600.5866). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Related Michigan pages