When your debtor says, “You waited too long to try to collect. I’m not going to pay you because I have no legal obligation to do so.”
All claims arising from business agreements have an expiration period. Under the Uniform Commercial Code (UCC), a claim for breach of contract for the sale of goods, the statute of limitations is four years. For commercial sales, the UCC permits parties to reduce the period of limitations to not less than one year, but they may not increase it.
A creditor that waits more than four years to bring a lawsuit involving the sale of goods is likely to be met with the statute of limitations defense. Although technically the debt is still owed and collection demands may continue, after that defense is raised, the lawsuit likely won’t hold up in court. In most cases, that’s the end of the collection and you lose out.
The UCC isn’t the only legal code that includes a statute of limitations; time limits can vary by industry. For example, federal law requires that claims for charges or refunds of overcharges in the freight industry must be brought within 18 months of the date the claim accrues (normally the date of shipment). Be sure you understand the laws that apply to your industry, even if you need to talk to an attorney.
At Muller, Muller, Richmond, & Harms, P.C., our debt collectors in Michigan can help you build a strategy customized to fit your business needs. We want to ensure you receive the best possible outcome in pursuing your case.
Since 1961, our top-rated lawyers have been dedicated to professionally and aggressively pursuing the money you’re owed in a straightforward, ethical manner. With offices in Birmingham and Grand Rapids, we handle claims against debtors located in Michigan, even if you are located out of state or out of the country.
Is your case too complex to handle on your own? If you need help settling a debt owed to your business by a debtor, contact an experienced debt collector in Michigan who handles debt collection.
Let our experts handle all the work for you! Fill out the information form on our “Contact Us” page, or give us a call at 248-645-2440, to ask questions and figure out your next steps. Don’t let money owed to you get away – get started today! We look forward to hearing from you.