*How* did the Michigan SOL change? The plaintiff can generally file a motion to extend service in any court system but service of the summons doesn't extend the SOL on *your* debt. The plaintiff can attempt to sue you forever but once the debt is past the statute of limitations you have an affirmative defense in court.
They are attempting to find you, to serve the Summons, and are probably hoping to serve you prior to 6/06. They know the SOL, they just hope you don't and it's not unknown for CAs to attempt to collect on 20-year-old debt. No doubt they assume they will be able to obtain an easy default judgment and you would have no knowledge of the statute of limitations. If, by chance, they do find you after 6/06, and you have 100% certainty that your debt is past the SOL on 07/01/06, then accept the service of the Summons after 07/06 and go to court. You "answer" the Summons, line-by-line, within the time frame allowed which is usually 20 days, and you have an affirmative defense because the debt is time-barred. The obligation is on *you* to raise the SOL defense and remember that some states like Michigan, not all, have statutes of repose. Just be dead certain that you're correct on the debt's SOL status date.
I have the same question; I was served a summons a week ago. I went tomy appearence Just this Friday. The SOL for me is Apr 1st and my trial isn't until july. So can I still use the SOL defense if the summons was filed before the SOL was up?
The statute of limitations is unique to each state. If you are uncertain on how to proceed, you can telephone a FCRA lawyer in your area, tell that individual that you are a "potential client" - and you could be - with a question regarding your particular situation. They'll know the SOL in your state and most likely they'd give you the details.
Why would you base a life decision/opinion on a computer BBB???? I'm taking a wild guess here, but it appears that you're misunderstanding "extension of service" and the statute of limitations - including repose. There's no substitute for competent legal advice and yes, most attorneys do offer initial free consultations. And they'll return telephone calls, too. They'll ask you details (which you should *not* post publicly) about your situation but I think you'll rest a lot easier when you've consulted with an attorney. Talk to an *attorney* in your area.
Always check with an attorney (or at least read your state UCC and other SOL statutes), but OP is correct. When suit is filed, that is the final collection. If it is before SOL, then they've got you. It doesn't matter when you're served (especially if you're trying to evade them). The date of filing is what counts in court. The court wants your address for their complete records. You are being sued, which means that your address may become public record just as the other case information is. But I would advise against misleading the court about address information. Also, be aware that in many states a plaintiff can opt to serve by publication. You might want to be aware of that before continuing to blow them off. I would see an attorney and answer the suit.
Each state is unique and in general, once a law suit has been filed, most states insist on service within 6 to 12 months, depending on the state. If service is not effected within the prescribed time frame, the lawsuit is dimissed for want of or lack of prosecution. Extension of service is not unusual.
