Legal Question in Civil Rights Law in Michigan

So, here's my dilemma. I'm asking on behalf of a friend who's come into an issue with a debt collector that's sued and had her bank account frozen this morning. After calling to find out what happened, she finds out that she had been sued by a debt collector over a laptop she purchased as a student over 12 years ago which was repossessed after they tried to swindle her with a vicious interest rate that brought it up to $2000.

However she's certain she hasn't paid on it in at least six years and the state statute of limitations on it is six. She also never received a summons which resulted in the agency getting a default judgment passed. It sounds like they deliberately didn't issue the summons in order to prevent her from being represented in court where the issue of having the statute of limitations passing would be addressed.

Is there anything she can do at this point or is she entirely at their mercy?


Asked on 2/24/14, 7:33 am

1 Answer from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Yes, she can hire an attorney to move to set aside the default based on improper service. It was either faulty or done by alternative service.

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Answered on 2/24/14, 8:10 am


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