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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33147
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have had a car loan dismissed without prejudice. on

Customer Question

i have had a car loan dismissed without prejudice. on 2-16-2011, but the debt was opened on 1-09-08, the last payment was made on 12-31-08, the account was closed on 1-16-09 now how long does the creditor have to file a new motion in court, and what are the statue of limitations in Michigan for the collection. and if they sell the debt does that restart the time?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

I'm not sure what you mean by you "had a car loan dismissed". Can you explain?

Also, what type of "new motion" are you asking about?

The statute of limitations on a case like this in Michigan is 6 years. Selling a loan will not restart the time but if you make any kind of payment then the statute of limitations starts again on the date of the last payment.

Customer: replied 1 year ago.
i had a repo and the car company hired a law firm to try and collect on the debt, when the case went to court the law firm voluntarily dismissed the case without prejudice, it has now been more than 6 years since the last payment on the debt. i want to know if the law firm can still come after me for the debt. and if not can they sell the debt and restart the statue of limitations now the company is still reporting late payments on my credit report. but on 1-09-2016 it will mature to 7 years.And after the 7 year period is over and it falls off my credit report, can they still come after me?
Expert:  Dwayne B. replied 1 year ago.

They can't sell the debt and restart it.

In general the statute of limitations is six years. Some courts interpret that as six years from the last payment while others state it is six years from the time the car was repossessed and still others state it is six years from the time the repossessed car is sold at auction or by whatever means.

The credit report and the seven year period has nothing at all to do with when you can be sued.

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