Can anyone point me in the direction of an easy to use site where I can lookup SOL's for my state (I'm in Michigan). I tried looking on my "state's" webpage, but can't find a darn thing.... Ohhhh this is frustrating
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml looks like Michigan is 6 years for all types of contracts good luck!
http://www.carreonandassociates.com/statute.htm#Michigan STATE: MICHIGAN INTEREST RATE Legal: 5% Judgment: 7.162 changes semi-annually Usury limit 25% STATUTE OF LIMITATIONS (IN YEARS) Open Acct.: 6 Written Contract: 6 Sales (UCC) Contract: 4 Domestic Judgment: 10 renewable Foreign Judgment: 10 BAD CHECK LAWS (CIVIL PENALTY) Twice the amount of check-not to exceed $500. Retail Claims - Notice Requirements. GENERAL GARNISHMENT EXEMPTIONS See federal law. COLLECTION AGENCY BOND & LICENSE (RETAIL ONLY) Bond: $5,000 - $50,000 License: Yes Fee: $150 - Investigation $225 - Initial $125 - Annually Exemption for out-of-state collectors: Out-of-state collector are exempt if [1] collecting by interstate means; and [2] have no clients in the state of Michigan.
Re: Re: SOL for States Not sure if your question is if a check falls under SOL expiration or not. I'm not sure for the state of Michigan. Here's two links that lead to some info. The first one is the UCC of Michigan. The second is some additional info on checks... Hope that helps http://michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-174-1962-1&highlight= http://www.carreonandassociates.com/dont.htm -Is a check considered a written contract, what is the SOL for checks? A check is not considered a "contract" although some may argue that it is (because it's a signed promise to "pay"). A contract requires consideration by both parties (an offer and acceptance) and consists of nothing more than an (enforceable) promise to pay by one party but no contract was drawn up by the other party. What it is, is a negotiable instrument and therefore subject to governing UCC (uniform commercial code) if there is one for the state in question. UCC is where you usually find the time limitations on checks. Many states have their own specific (SOL) statute of limitations dealing with checks. Those would trump any general statute of limitations and even the UCC limitations. The UCC is not a federal statute but rather a system set up to structure commercial transactions. Since it isn't a federal rule there would be no supremacy clause (as in who rules state or federal) but rather the state could choose to adopt it or not. Most states have adopted it. According to FindLaw, a more specific statute rules over (trumps) a more general statute. Therefore if a certain state has a more specific statute it will often trump (rule over) the UCC entirely. Bottom line: read the UCC but read the state rule as well and see which one applies--, is more specific or offers more protection. You will usually find the SOL for collecting the check in the state code.
