What is the statute of limitations to file a small claim suit in the State of Michigan? I am the plaintiff and I filed 6 months after the damages to my property occured. The defendate hired an attorney moved the small claim case to General/Civil litigation and now sent in his "Affirmative Defences" that Plaintiff's claims are barred whole or in part, by the statute of limitations. It sounds like he just listed every single claim and accused me of it just to see "what if anything" will stick.... Is this normal for defence?
2 Answers from Attorneys
Quite normal. He has to prove the affirmative defenses. I wouldnt worry unless the case was old. 6 months is not old.
I guarantee you that he is just using the garbage can approach to listing affirmative defenses. File a motion to assess costs for filing a bad faith answer when he knew full well that you filed in a timely manner,