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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101533
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was divorced in Michigan in 1986. There was a provision

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I was divorced in Michigan in 1986. There was a provision of the divorce that I repay my ex $2000 that had been borrowed from a trust fund of her's for school tuition while we were married. The agreement specified that I would have 10 years to repay the debt without interest, and that after 10 years I would owe 8% interest per year on any unpaid portion of the debt. It is now 2013 and we have had no contact with each other and the debt was never paid. Can my ex still take me to court to collect this debt?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

According to Michigan's(NNN) NNN-NNNN(here), "the period of limitations is 10 years for an action founded upon a judgment or decree rendered in a court of record of this state."

This means that the statute of limitations to enforce the debt is 10 years from the original date that it became due/outstanding. By now, it is too late for her to enforce the matter, arguably (someone in your situation may wish to avoid making partial payments and/or affirming this matter in writing which may restart the statutes).

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

Just to clarify - Are you suggesting that my best course of action at this time is to avoid bringing up the issue in any way with the ex - just forget about it and go on with my life?

K,

I cannot tell you what to do. However, in a hypothetical, someone in your situation may indeed wish to simply not bring it up unless she does.

After all, assuming you never made a payment past 2003 (if ever), then the statute of limitation essentially bars her from pursuing this anyways since it is 10 years from last when it first became due/outstanding/last payment/confirmation of debt (whichever action is last).

But, if one brings this up, she may at least TRY. So it is best not to.

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