The Basics: Affirmative Defense

The statute of limitations is what's called an affirmative defense. That means the defendant has to raise it on their own, and they carry the burden of proving the claim has run out of time. If they don't bring it up, and the court doesn't notice on its own, it's technically possible to get a judgment on an expired claim.

But in practice, debtors usually know about the statute of limitations, and it's an easy defense to raise. Filing a lawsuit on an expired debt can come with real consequences:

Dismissal and sanctions. If a judge realizes a claim is past the statute of limitations, they may dismiss it on their own initiative or on the defendant's motion. In some cases, they may even assess a fine or penalty for filing a suit with no legal merit. The defendant might also be awarded attorney fees.

Counterclaims. Filing litigation beyond the statute of limitations can open the door for the defendant to file a counterclaim for violations of the Fair Debt Collection Practices Act or similar state or local consumer protection laws.

A few states go even further and forbid collections lawsuits entirely after the limitations period has run — so ignoring the deadline can put you in front of a judge who isn't happy about it. It's worth understanding the consequences before you act, and consulting a debt collection attorney about your rights before taking the next step.

Learn more in our latest article.

We Specialize in Michigan Debt Collection

Our Michigan debt collection experts can help you build a strategy tailored to your business's needs. Our goal is to help you get the best possible outcome in pursuing your case.

Since 1961, our top-rated lawyers have been dedicated to pursuing the money you're owed professionally, aggressively but ethically. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you're located out of state or even out of the country.

Ready to collect what you’re owed? Call 248-645-2440 or click here to submit a contact form.

Collection Tools Available Through the Courts, Part 2

When does the collection process actually begin?

Once the appeal window has closed and your judgment becomes final and enforceable, the collection phase begins. Unless your debtor has already written you a check, you'll need to explore post-judgment remedies. The good news is that the courts offer a range of tools designed to help you recover what you're owed. 

Here are two more options available to you through the courts:

Judgment liens. Depending on your state's laws and the nature of the debt, you may have the right to place a lien against the debtor's assets. If those assets change hands — through a sale or refinancing, for example — you're positioned to recover what you're owed out of the transaction.

Examinations for assets under oath. A powerful discovery tool: you have the right to question the debtor under oath about their assets, income, and where they're located. This sworn testimony can reveal accounts, property, or income streams you didn't know existed — and it can't be dodged with vague answers the way casual questioning can.

Learn more in our latest article.

Feeling Stuck? You can Rely on Michigan-Based Collection Services 

If you have questions about your debt collection lawsuit, get informed with our Michigan-based collection services for guidance on the best path forward. Call (248) 645-2440 or click here to submit a contact form for a resolution to your collection matters. Let the experts worry about the paperwork so you can focus on doing what you do best. 

Collection Tools Available Through the Courts, Part 1

Unsure what step to take after winning a judgment?

Getting a judgment in your favor is a real victory — but for many creditors, it's only half the battle. The court has told your debtor they owe you money. Collecting it is a separate process, and it's one that requires knowing which enforcement tools exist and how to use them.

Here are two tools available to you through the courts:

Garnishment. A court order that directs a third party — typically an employer or a bank — to redirect the debtor's wages or cash assets toward your judgment. Garnishment is often one of the fastest, most effective ways to recover money, because it intercepts funds at the source before the debtor can spend them.

Writs to seize assets. A court order authorizing you to take possession of specific property belonging to the debtor — equipment, vehicles, or other valuables — which can then be sold to satisfy the debt. This option is especially useful when the debtor has significant physical assets but isn't cooperating with voluntary payment.

Learn more in our latest article.

Feeling Stuck? You can Rely on Michigan-Based Collection Services 

If you have questions about your debt collection lawsuit, get informed with our Michigan-based collection services for guidance on the best path forward. Call (248) 645-2440 or click here to submit a contact form for a resolution to your collection matters. Let the experts worry about the paperwork so you can focus on doing what you do best. 

Training Your Staff in Billing, Part 2

In our last blog, we talked about two ways you can train your staff in billing matters. Here are two MORE ways you should keep them in the loop with billing:

Protect Sensitive Data

Your billing files contain a goldmine of sensitive information — business account numbers, bank details, social security numbers, and more. State and federal laws require you to protect that data, and your team needs to know what those obligations are. Train staff on proper data handling, set clear protocols for document storage and destruction, and provide enough supervision to make sure those protocols are followed. A data breach doesn't just hurt your customers, it can hurt your reputation and your bottom line.

Make Training an Ongoing Process

One training session isn't enough. Billing systems evolve, regulations change, and new employees come on board. Build a culture where billing training is revisited regularly. This can be through short team huddles, updated documentation, or periodic audits of billing accuracy. Your staff will be more confident, and your customers will notice the attention to detail.

Learn more in our latest article.

Need Help with Debt Collection in Michigan?

Even with the best training, sometimes you need backup. 

Let our Michigan-based debt collectors handle the work for you! To get more information and determine your next move, fill out our contact form or call us at 248-645-2440. We look forward to helping you collect what you’re owed!

Training Your Staff in Billing, Part 1

Billing might not be the most glamorous part of running a business, but it's one of the most critical. 

So how do you build a billing team that's accurate, professional, and compliant? Here are a few key areas to focus on.

Start with Accuracy

The best billing system in the world is only as good as the data that goes into it. Errors, ambiguities, and omissions create confusion and can turn a straightforward invoice into a collection headache. Train your team to double-check every entry before hitting submit. A good billing system isn't one that never makes mistakes — it's one that catches and corrects them quickly, with courteous, well-documented adjustments like credit and debit memos.

Always Use the Right Forms

It's a small thing, but mixing up forms causes big confusion. A customer who returns merchandise expects to see a credit on their statement, not a debit. If your data entry team grabs the wrong form, the customer gets confused, your phone rings, and trust takes a small hit. Make sure everyone on your staff understands what each form does and how it fits into the overall billing workflow. A quick reference card or a monthly refresher can go a long way.

Learn more in our latest article.

Need Help with Debt Collection in Michigan?

Even with the best training, sometimes you need backup. 

Let our Michigan-based debt collectors handle the work for you! To get more information and determine your next move, fill out our contact form or call us at 248-645-2440. We look forward to helping you collect what you’re owed!

Getting Collection Leads from Third Parties

Think about third parties who may owe money to your debtor. These are often overlooked but can be
valuable sources of collection. Consider:

• Accounts receivable — customers or clients who owe the debtor money for goods or services
• Tenants — anyone who rents property from the debtor and may owe rent
• Insurance companies — claims payouts the debtor may be entitled to, such as fire damage, flood losses, or auto accident settlements
• State taxing authorities — tax refunds owed to the debtor (where permitted by state law; federal tax refunds are currently off limits)
• Purchasers of the debtor's business — anyone who bought the debtor's business and still owes money on the purchase

Include anything that appears to be a possible source of money. If you can identify enough assets to feel reasonably confident you'll be able to collect, great. If not, consider scheduling a creditor's examination — a formal court proceeding where the debtor must appear and disclose their assets under oath.

Even small or unexpected assets can add up. A partial collection is still a collection.

Learn more in our latest article.

Need More Support? Call Collection Services in Michigan

If you need help tracking down assets or enforcing a judgment, our lawyers can guide you through every step of the process. Get started with our Michigan collection services by calling (248) 645-2440 or by submitting a contact form here.

Building an Effective Asset List

Winning a judgment in court is a major step — but it's only half the battle. If your debtor isn't paying
voluntarily, you need to locate and pursue their assets to actually collect what you're owed. Once you have a clear picture of their assets, you can move forward with strong collection actions like wage garnishment, bank levies, and "execution" (the legal seizure and sale of a debtor's property).

Building an effective asset list doesn't have to start from scratch. Begin by scouring your own collections file for information you may already have about the debtor, including:

• Home and business addresses
• Bank names and account details (checking, savings, and business accounts)
• Information about significant assets, such as real estate, vehicles, boats, and recreational vehicles
• Place of employment (if the debtor is an individual)
• Professional licenses or business ownership interests
• Any known safety deposit boxes

Learn more in our latest article.

Need More Support? Call Collection Services in Michigan

If you need help tracking down assets or enforcing a judgment, our lawyers can guide you through every step of the process. Get started with our Michigan collection services by calling (248) 645-2440 or by submitting a contact form here.