MICHIGAN

Oral and Written Contracts;6 Years: 600.5807

UCC- SALES:4 Years:440.2725

Sec. 5807. No person may bring or maintain any action to recover damages or sums due for breach of contract, or to enforce the specific performance of any contract unless, after the claim first accrued to himself or to someone through whom he claims, he commences the action within the periods of time prescribed by this section.

(8) The period of limitations is 6 years for all other actions to recover damages or sums due for breach of contract.

Contracts:

6 years from the date the cause of action accrues. MCLA 600.5807(8). The cause of action accrues when the wrong is done. MCLA 600.5827. For installment contracts, a cause of action accrues as each installment falls due. MCLA 600.5836

Sales (UCC) 4 Years

440.2725. Statute of limitations in contracts for sale, contractual reduction; accrual, tolling

Sec. 2725.

(1) An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than 1 year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this act becomes effective.

Borrowing Statute:(For those moving to Mich. from a shorter SOL State)

Claims brought in Michigan, by non-Michigan residents, for damages incurred outside this state are barred if the relevant statute of limitations of either Michigan or the state in which the cause of action accrued has run.

Claims brought in Michigan, by Michigan residents, are barred only if the relevant Michigan statute of limitations has run. MCLA 600.5861.

MICHIGAN RISA

Michigan Retail Installment Sales Act

MICHIGAN CONSUMER ATTORNEY

Ian B. Lyngklip
Lyngklip & Taub Consumer Law Group, PLC
24500 Northwestern Highway Suite 206
Southfield, Michigan 48075
phone: (248) 746-3790