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briguy003 · May 14, 2009, 11:33 AM

I came home 3-31-09 to find a fix summons paper on my door for a debt. The sol in Michigan is 6 years. Last reported transaction was in January of 2003. After looking over paperwork from door I noticed they had it dated for 10-08. Does sol apply to me since my first time hearing about this was in march?

Curlyben · May 14, 2009, 11:41 AM

Well that depends on the last ACKNOWLEDGEMENT of the debt, either by payment or in writing. This is when the clock starts.
If, as you think, this was Jan 2003 then the approach in March is outside the time limit.

That being said you MUST answer this summons with that information.
I deal in UK law so unfortunately can't help with the legalese, but there's others that can.

briguy003 · May 14, 2009, 11:47 AM

Thanks curlyben. It was past 6 years. Just don't know if it mattered that they started it earlier. I did answer the summons. Got to go Tuesday. Thanks again

JudyKayTee · May 14, 2009, 12:55 PM

As long as the papers were filed with the Court within the Statute the time frame does not matter. What does the Court's date stamp say?

this8384 · May 15, 2009, 12:31 PM

Originally Posted by JudyKayTee

As long as the papers were filed with the Court within the Statute the time frame does not matter. What does the Court's date stamp say?

Agree with Judy. The OP clearly states that the paperwork was dated October of 2008, which puts the plaintiff within SOL for a lawsuit.

Just because you "didn't hear" about the debt until after the SOL expired doesn't make their claim invalid.

AK lawyer · May 18, 2009, 08:22 AM

What Judy said, except that in many jurisdictions the plaintiff must serve the summons on the defendant within so many days of it's issuance. So, if plaintiff served you outside of this time window, you could get the service quashed, and have a better argument that the SOL applies.

this8384 · May 18, 2009, 08:33 AM

Originally Posted by AK lawyer

What Judy said, except that in many jurisdictions the plaintiff must serve the summons on the defendant within so many days of it's issuance. So, if plaintiff served you outside of this time window, you could get the service quashed, and have a better argument that the SOL applies.

Correct. However, some states allow publication in a newspaper to qualify as a defendant being properly served.

I went through this when I sued a former tenant. The courts told me that service was not timely and that if the plaintiff didn't show up for the originally scheduled hearing, it would have to be rescheduled and I would have to have her served again. A default judgment definitely would not have been awarded had the papers not been served in a timely manner.

JudyKayTee · May 18, 2009, 08:49 AM

At one time in NY it was 120 days from the date it was FILED with the Court, not from the date on the papers. I don't know what the time frame is now. Will check later.

The Plaintiff can get an extension if there is an inability to locate and/or serve the Defendant.

Fr_Chuck · May 18, 2009, 08:53 AM

I would say that you defend yourself, and challenge the time frame in court,

I will still be surprised if they even show up ready to prove anything, normally they merely expect you not to show up and win by default.

So go show your case and hope.

AK lawyer · May 18, 2009, 10:59 AM

Originally Posted by briguy003

i came home 3-31-09 to find a fix summons paper on my door for a debt. ...

In another thread (can't find it ATM) we have discussed the so-called "nail and mail" rule they have in New York for service of process. This is not valid service everywhere, so you might consider challenging the service of process upon you.

Curlyben · May 18, 2009, 11:34 AM

From my view, if a debt collector nailed a summons to my door I would be sueing them for criminal damage to my property.

Do they really nail these documents to your door?
Bear in mind I am in the UK, so we are slightly more civilised in this regard.
Personal service or registered mail, if you please..

this8384 · May 18, 2009, 11:43 AM

Originally Posted by AK lawyer

In another thread (can't find it ATM) we have discussed the so-called "nail and mail" rule they have in New York for service of process. This is not valid service everywhere, so you might consider challenging the service of process upon you.

The OP is from Michigan.

JudyKayTee · May 18, 2009, 02:09 PM

Originally Posted by Curlyben

From my view, if a debt collector nailed a summons to my door I would be sueing them for criminal damage to my property.

Do they really nail these documents to your door ??
Bear in mind I am in the UK, so we are slightly more civilised in this regard.
Personal service or registered mail, if you please..

When I nail and mail it simply means the papers were left in a conspicuous spot - the mailbox, stuck in the door, stuck in the hinge of the door. I don't actually carry a hammer and nails (although it is a good idea).

JudyKayTee · May 18, 2009, 04:08 PM

Originally Posted by AK lawyer

In another thread (can't find it ATM) we have discussed the so-called "nail and mail" rule they have in New York for service of process. This is not valid service everywhere, so you might consider challenging the service of process upon you.

Doesn't really matter - I believe OP is in Michigan.

My understanding of Michigan Law is:

Process may be served on a resident or nonresident individual by,
Delivering a summons and a copy of the complaint to the defendant personally; or
Sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2).