Sued by a debt buyer in Michigan
What a debt buyer must file and prove, old debts as a defense, and how to ask for the papers.
Checked against official sources: Oct 24, 2026.
Short answer
A debt buyer is a company that bought an old debt and now sues to collect it. In any lawsuit to collect a consumer debt, the complaint must name the creditor, give the account number (or other information that identifies the debt) and state the balance due.
- Time limit to sue (written contract)
- 6 years
- Time to answer
- 21 days
Michigan rules for debt buyer lawsuits
- In any lawsuit to collect a consumer debt, the complaint must name the creditor, give the account number (or other information that identifies the debt) and state the balance due.
- If the claim is based on a written contract, a copy of it (or its relevant parts) must be attached to the complaint, unless the complaint explains why not.
- A company that was assigned the debt (such as a debt buyer) cannot file in small claims court.
Law: MCR 2.112(N); MCR 2.112(C); MCL 600.8407(1)
What can defeat the claim in Michigan
The statute of limitations is a defense: 6 years for contract claims, including credit card accounts. A debt that is too old is revived only by a written, signed promise or acknowledgment. If the debt has a written contract with an interest rate, the judgment interest is capped at 13%.
Law: MCL 600.5807(9); MCL 600.5866; MCL 600.6013(7)
Too old to sue on?
In Michigan, the time limit to sue on a written contract is 6 years. A debt older than that can be a defense, but you must raise it in your answer.
A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on.
Law: 12 CFR 1006.26(b)
In nearby states
What to do in Michigan
Look at the name
A company you never dealt with may have bought the debt. Its name is on the summons.
Ask for the paperwork
A documents request letter asks for the contract and proof of ownership.
Answer on time
In Michigan: 21 days after the summons and complaint are handed to you in Michigan.
Raise every defense
Say if the plaintiff hasn't shown it owns the debt, or if the debt is too old.
Ask for free help
Ask for free help: Michigan Legal Help (free self-help tools and legal aid finder) and Michigan Legal Help: Requesting an installment payment plan.
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k
Where to get free help in Michigan
Questions about debt buyer suits in Michigan
Are there special rules when a debt buyer sues in Michigan?
In any lawsuit to collect a consumer debt, the complaint must name the creditor, give the account number (or other information that identifies the debt) and state the balance due. If the claim is based on a written contract, a copy of it (or its relevant parts) must be attached to the complaint, unless the complaint explains why not. A company that was assigned the debt (such as a debt buyer) cannot file in small claims court.
What is the deadline to answer a debt suit in Michigan?
21 days after the summons and complaint are handed to you in Michigan. 28 days if you were served by registered or certified mail or served outside Michigan.
What is the time limit to sue in Michigan?
In Michigan, the time limit to sue on a written contract is 6 years. A debt older than that can be a defense, but you must raise it in your answer.
Related Michigan pages
Sources
- MCL 600.8301 (District Court jurisdiction)
- MCL 600.8401 (small claims limit)
- MCL 600.8407 (no assignee claims in small claims)
- MCL 600.6013 (judgment interest)
- MCL 600.5809 (judgment limitation period)
- SCAO form MC 01, Summons
- SCAO form MC 12, Request and Writ for Garnishment (Periodic)
- SCAO form MC 49, Objections to Garnishment and Notice of Hearing
- SCAO form MC 20, Fee Waiver Request
- Michigan Judicial Institute, Civil Procedure Benchbook § 4.12, Setting Aside Judgments
- Michigan Legal Help: Debt collection resources
- Michigan Court Rules of 1985, Chapter 2 (official, courts.michigan.gov)
- Michigan Court Rules of 1985, Chapter 3 (official, courts.michigan.gov)
Last checked: Oct 24, 2026.