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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18804
Experience:  B.A.; M.B.A.; J.D.
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Can I be sued twenty one years after I moved out of a housing

Customer Question

Can I be sued twenty one years after I moved out of a housing project in mi
I received a letter stating that if I don't respond be aug 4they will sue me can they do this included was a ledger which stated I moved in date 3 30 1995 and move out12 31 2004 and gave an apartment address that I never lived at also I was evicted and moved out twenty one years ago I never moved back there
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
What are you being sued for?
Customer: replied 1 year ago.
Past due rent that was in 1994
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information:
Past due rent that was in 1994
Your initial post:
Can I be sued twenty one years after I moved out of a housing project in mi
I received a letter stating that if I don't respond be aug 4they will sue me can they do this included was a ledger which stated I moved in date 3 30 1995 and move out12 31 2004 and gave an apartment address that I never lived at also I was evicted and moved out twenty one years ago I never moved back there

Response: No, you cannot. DO NOT AGREE TO PAY ANYTHING ON THE DEBT. The debt has passed its Statute of Limitations, which is six years in Michigan. The Statute of Limitations has run on the debt. However, it does not mean that they cannot collect on the debt. The Statute of Limitations on a debt deals with the time a creditor/collector has to file a lawsuit to collect on its debt or forever barred from bringing up the lawsuit. The creditor may still use other means to try to collect the debt such as telephone calls and letters. However, without the threat of lawsuit, there is really nothing the creditor/collector can do. So, a debtor does not have to pay debts that are passed the Statute of Limitations. Finally, if a creditor files a lawsuit, the fact that the Statute of Limitations has run on the debt is an Affirmative Defense and the debtor must request that the Court dismiss the case because the Statute of Limitations has run on the debt.
The Statute of Limitations on a debt starts to run from the time the debtor stopped paying on the debt. Kindly note that paying anything on the debt will restart the Statute of Limitations period. So, the debtor must not agree to pay anything on a debt that has passed its Statute of Limitations.
Customer: replied 1 year ago.
Thank you you answered my question
Expert:  Phillips Esq. replied 1 year ago.
You are quite Welcome!