Tick Tock: Understanding Michigan's Statute of Limitations Laws

What Michigan's Statute of Limitations Means for You

The statute of limitations in Michigan sets a hard deadline on how long someone has to sue you — or charge you with a crime. Miss it, and the case is dead.

Here are the most common Michigan limits at a glance:

These deadlines affect everything — from a creditor suing you over old debt, to a prosecutor filing criminal charges years after an alleged offense.

If you've received a summons or collection letter, the statute of limitations could be your most powerful defense. But you have to raise it — courts won't do it for you.

I'm Brian Parker, founder of KillDebt, and I've spent over 30 years in courtrooms defending consumers against creditors, debt buyers, and collection law firms — including countless cases where the statute of limitations in Michigan was the deciding factor. In this guide, I'll break down exactly how these deadlines work, when they can be paused or reset, and how to use them to protect yourself.

IMPORTANT LEGAL DISCLAIMER

This educational content is based on general legal principles and my experience in debt collection defense. It is provided for informational purposes only and does not constitute legal advice. Laws vary by state and by local court. For specific legal advice, consult a qualified attorney licensed in your jurisdiction. No attorney-client relationship is created by reading this guide.

Critical Multi-State Variations: FDCPA applies uniformly at the federal level, but state consumer protection laws may provide additional rights and remedies. Statute of limitations periods vary significantly by state and debt type. What constitutes sufficient debt validation varies in practice across jurisdictions. State-specific rules on call frequency, written notice requirements, and permissible collector conduct may differ from federal minimums.

Civil vs. Criminal: Key Differences in the Statute of Limitations Michigan

When we talk about the statute of limitations Michigan enforces, we have to split the legal world into two distinct halves: civil claims and criminal prosecutions. Both have clocks ticking away, but they serve completely different masters and follow entirely different rules.

In a civil case, the clock exists to protect citizens from being sued over ancient, dusty disputes where evidence has vanished and memories have faded. It is a matter of fairness between private parties. In criminal cases, the statute of limitations exists as a matter of public policy. It ensures the state prosecutes crimes swiftly, preventing the government from holding the threat of charges over someone's head indefinitely, except for the most egregious offenses.

To help you visualize how these two worlds differ, we have broken down the primary distinctions below:

To explore the detailed breakdown of civil deadlines across different case types, you can consult the Michigan Statute of Limitations: Deadlines by Case Type | Michigan Legal Services Authority .

Criminal Offenses and Time Limits in Michigan

In Michigan's criminal justice system, the nature of the crime determines how much time prosecutors have to file charges. If they miss the window, they lose the right to prosecute entirely.

• Misdemeanors: Under Michigan law, the general catchall statute of limitations for misdemeanors is 6 years under MCL 767.24(10).
• Felonies: Most standard felonies also fall under a 6-year limit, but serious felonies can extend to 10 years or more. For example, kidnapping, extortion, manslaughter, and first-degree home invasion carry a 10-year limit.
• Crimes with No Limit: For the most severe offenses, the clock never starts because there is no statute of limitations. This includes murder, conspiracy to commit murder, solicitation to commit murder, and first-degree criminal sexual conduct.
• Human Trafficking: Under Theresa Flores's Law, the state has 25 years to bring charges for human trafficking violations.
• Identity Theft: Prosecutors have 6 years from the date of the offense to file charges for identity theft.

If there is a factual dispute about whether a criminal charge was filed on time, Michigan courts treat this as a question of fact for a jury to decide. You can read more about how these defenses are handled in the courtroom in the official StatutesofLimitations guide.

Civil Claims, Personal Injury, and Property Damage

If you are injured in an accident or someone damages your property, you do not have forever to seek justice. Under the REVISED JUDICATURE ACT OF 1961 (EXCERPT) , the standard limitation period for personal injury and property damage claims is 3 years from the date of the injury or death.

This three-year window applies to:

• Car accidents (excluding certain first-party insurance claims)
• Slip and fall injuries
• Product liability claims (defective products)
• General negligence causing property damage

If you attempt to file a lawsuit even one day after that three-year window closes, the opposing party will move to dismiss your case, and the judge will almost certainly grant their request—no matter how severe your injuries were.

Special Civil Rules: Sexual Assault, Medical Malpractice, and Wrongful Death

Michigan law recognizes that certain civil harms are incredibly complex, traumatic, or difficult to detect immediately. Because of this, the state has carved out highly specific rules, exceptions, and extension windows for sensitive cases.

• Criminal Sexual Conduct (CSC) Civil Claims: Under MCL 600.5805(6), victims of criminal sexual conduct have a 10-year statute of limitations to file a civil action for damages. Crucially, a civil claim can proceed regardless of whether criminal charges were ever filed or resulted in a conviction. You can learn more about this in the resource CrimeVictimMayFileCivil_Action .
• Medical Malpractice: These claims have a tight 2-year limitations period. However, Michigan also applies a strict "statute of repose." This means that regardless of when you discovered the malpractice, you cannot file a lawsuit more than 6 years after the date of the medical act or omission that caused the injury, unless fraudulent concealment is involved.
• Wrongful Death: While wrongful death claims are subject to the standard 3-year personal injury limit, the clock is calculated differently. The claim accrues on the date of death, not the date of the initial injury, which can sometimes extend the filing window.

Minor Victims and Criminal Sexual Conduct

The rules are even more protective when the victim of sexual assault was a minor at the time of the abuse. Under Senate Bill 872 (MCL 600.5851b), a person who was a minor when they suffered criminal sexual conduct can file a civil lawsuit up until they reach age 28, or 3 years after they discover (or reasonably should have discovered) both the injury and its causal relationship to the abuse—whichever is later.

However, it is important to note that these extended discovery rules do not apply retroactively to resurrect claims that had already expired before the law was enacted in 2018.

How the Law Applies to Debt Collection and Consumer Contracts

Now, let us talk about where the statute of limitations Michigan enforces hits closest to home for most of us: consumer debt.

When you fall behind on payments, creditors and aggressive debt buyers will threaten lawsuits. But they are racing against a clock. In Michigan, the statute of limitations on most consumer debts—including credit cards, medical bills, auto loans, personal loans, and mortgages—is 6 years.

If you want to understand how these cases play out in local courts, read our guide on Michigan Court Debt Cases. If you are already facing a collector, you will also want to check out our breakdown of Debt Collector Lawsuits Michigan.

There is one major exception to the six-year rule: sales contracts. Under Michigan's Uniform Commercial Code (UCC), if the debt arises from a contract for the sale of goods (such as purchasing a vehicle where the vehicle itself serves as collateral), the statute of limitations is only 4 years.

Understanding the 6-Year Statute of Limitations Michigan for Debt

To understand how the 6-year limit works, we have to look at when the clock actually starts ticking. The legal term for this is "accrual."

The clock does not start when you first opened the credit card account. It starts when you breached the contract—usually 30 days after your last payment, when you missed a scheduled payment and failed to cure the default.

Whether the contract was written or oral, the 6-year limit applies. Once those six years have passed without a payment or written acknowledgment of the debt, the creditor or debt buyer loses the legal right to sue you to collect. If you have been served with papers, understanding where you stand on the timeline is vital. We map this out step-by-step in our guide on the Debt Collection Lawsuit Timeline: What Happens Next After You're Served.

Using the Statute of Limitations Michigan as an Affirmative Defense

Here is the most critical lesson in this entire guide: The statute of limitations is an affirmative defense.

What does that mean? It means the court will not look at a lawsuit, realize the debt is 10 years old, and throw it out for you. If a debt buyer sues you on a time-barred debt (often called "zombie debt") and you do not respond, they will win a default judgment against you anyway. Once they have a default judgment, they can garnish your wages and freeze your bank accounts, completely bypassing the expired statute of limitations.

To win, you must file a formal Answer to the lawsuit and explicitly state that the debt is barred by the statute of limitations. For a deep dive on how to execute this defense, see our article on the Expired Debt Statute Defense. And to avoid making costly mistakes, be sure to read Debt Collection Lawsuit Myths: 7 Things That Won't Save You.

Tolling Provisions: When Does the Clock Stop Ticking?

Sometimes, the statute of limitations clock stops ticking. In legal terms, this is called tolling. When a statute is tolled, the clock is paused and will only resume when the tolling event ends.

Under the 2024 Michigan Compiled Laws Chapter 600 - Revised Judicature Act of 1961 Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) 236-1961-58 - Chapter 58 Limitation of Actions (600.5801...600.5869) , several scenarios can pause the clock:

1. Nonresident Tolling: If a person leaves the state of Michigan and resides elsewhere, the clock pauses during their absence. Under MCL 767.24(11), this applies even if they live openly and publicly in another state.
2. Legal Disability (Infancy or Insanity): If the injured party is under 18 or deemed mentally incompetent when the claim accrues, the clock is paused. They generally have 1 year after turning 18 or being deemed "sane" to file their lawsuit.
3. Fraudulent Concealment: If a defendant actively and fraudulently conceals the existence of a claim or their identity, the plaintiff has 2 years from the date they discover the truth to file a lawsuit, even if the standard statute has expired.

What Can Restart the Clock on Debt?

While tolling pauses the clock, certain actions can completely reset it back to zero. In debt collection, this is a dangerous trap for consumers.

The 6-year debt clock can be completely restarted if you:

• Make a partial payment: Even sending $5 to a collector on an old debt will reset the 6-year clock back to day one.
• Acknowledge the debt in writing: Signing a letter or checking a box online that admits you owe the debt can revive a expired statute of limitations.
• Judgment Renewal: If a creditor successfully sues you and gets a court judgment, that judgment is valid for 10 years. Crucially, they can renew that judgment for another 10 years indefinitely, allowing them to pursue you for decades.

Conclusion

Navigating the statute of limitations in Michigan can feel like trying to defuse a bomb with a manual written in ancient Latin. But whether you are dealing with a personal injury claim, trying to understand a criminal timeline, or fighting off aggressive debt buyers, knowing the rules is your ultimate shield.

If you are currently facing a debt collection lawsuit, you do not have to pay thousands of dollars to an attorney to protect your rights. At KillDebt, we provide a DIY legal defense system powered by ParkerGPT—an AI trained specifically on consumer debt law and real-world court strategies developed over 30+ years.

Unlike generic AI tools, ParkerGPT analyzes your actual lawsuit documents, identifies weak points in the collector's case (like an expired statute of limitations), and generates court-ready responses with step-by-step instructions.

And if you want to practice before you step foot in a courtroom, we recently rolled out our brand-new Court Tester. This AI courtroom simulation builds a virtual court based on your actual filings. Within minutes, you can argue your motion in front of an AI judge, face off against AI opposing counsel, and receive strategy whispers from a private AI co-counsel.

Do not let zombie debt collectors bully you into a default judgment. Head over to our KillDebt Pricing Page to find an affordable subscription plan and take control of your financial future today.

IMPORTANT LEGAL DISCLAIMER

This educational content is based on general legal principles and my experience in debt collection defense. It is provided for informational purposes only and does not constitute legal advice. Laws vary by state and by local court. For specific legal advice, consult a qualified attorney licensed in your jurisdiction. No attorney-client relationship is created by reading this guide.

Critical Multi-State Variations: FDCPA applies uniformly at the federal level, but state consumer protection laws may provide additional rights and remedies. Statute of limitations periods vary significantly by state and debt type. What constitutes sufficient debt validation varies in practice across jurisdictions. State-specific rules on call frequency, written notice requirements, and permissible collector conduct may differ from federal minimums.