REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.5809 Action to enforce noncontractual money obligations; limitations.
Sec. 5809.
(1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of time prescribed by this section.
(2) The period of limitations is 2 years for an action for the recovery of a penalty or forfeiture based on a penal statute brought in the name of the people of this state.
(3) Except as provided in subsection (4), 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, or in a court of record of the United States or of another state of the United States, from the time of the rendition of the judgment or decree. The period of limitations is 6 years for an action founded upon a judgment or decree rendered in a court not of record of this state, or of another state, from the time of the rendition of the judgment or decree. A judgment entered in the district court of this state before May 25, 1973, is a judgment of a court not of record. A judgment entered in the district court of this state on or after May 25, 1973, except a judgment entered in the small claims division of the district court, is a judgment of a court of record. Within the applicable period of limitations prescribed by this subsection, an action may be brought upon the judgment or decree for a new judgment or decree. The new judgment or decree is subject to this subsection.
(4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975 ;-- Am. 1976, Act 444, Imd. Eff. Jan. 13, 1977 ;-- Am. 1996, Act 275, Eff. Jan. 1, 1997
Notes of Decisions
Cited in
72
cases (
16 in the last 5 years), 1974–2026 · leading case:
People v. Monaco, 710 N.W.2d 46 (Mich. 2006).
People v. Monaco, 710 N.W.2d 46 (Mich. 2006).
· cites it 19× “MCL 600.5809 sets forth a ten-year period of limitations for civil claims seeking enforcement and collection of a noncontractual money obligation.”
Kristopher S O'Leary v. Christine a O'Leary, 909 N.W.2d 518 (Mich. Ct. App. 2017).
· cites it 22× “5809, which states: (1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of…”
Van Reken v. Darden, Neef & Heitsch, 674 N.W.2d 731 (Mich. Ct. App. 2004).
· cites it 13× “The circuit court granted this motion, finding that plaintiffs action to renew the judgment was time-barred by MCL 600.5809(3). The circuit court found that the March 7, 1991, judgment, and not the July 29, 1991, amended judgment, was the final judgment.”
Peabody v. DiMeglio, 856 N.W.2d 245 (Mich. Ct. App. 2014).
· cites it 6× “Plaintiff, however, argues that claims to enforce a judgment are classified as “noncontractual money obligations” that carry a 10-year statutory period of limitations pursuant to MCL 600.5809, which provides in pertinent part, (1) A person shall not bring or maintain an action…”
Stark v. Fifarek (In re Fifarek), 370 B.R. 754 (Bankr. W.D. Mich. 2007).
· cites it 11× “LaPlante, Enforcing Judgments and Debts, § 6:19 (2004) (citing Mich. Comp. Laws Ann. § 600.5809 (3)) (emphasis in original).”
People v. Monaco, 686 N.W.2d 790 (Mich. Ct. App. 2004).
· cites it 9× “MCL 600.5809 generally sets forth a ten-year period of limitations for civil claims to enforce noncontractual money obligations: (1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or…”
Stockdale v. Jamison, 330 N.W.2d 389 (Mich. 1982).
· cites it 4× “Secondly, my brother's opinion fails to consider the effect of MCL 600.5809(3); MSA 27A.5809(3), which provides that a judgment of a court of record may be enforced for ten years after it was rendered, and that the judgment may be renewed.”
Rzadkowolski v. Pefley, 603 N.W.2d 646 (Mich. Ct. App. 1999).
· cites it 7× “m Defendant next argues that the ten-year limitation period contained in MCL 600.5809; MSA 27A.5809, *410 before its amendment in 1996, precludes plaintiff from collecting child support payments due more than ten years before she began enforcement proceedings.”
Arkin Distrib. Co. v. Jones, 792 N.W.2d 772 (Mich. Ct. App. 2010).
· cites it 5× “Plaintiff acknowledges that the 1991 default judgment is subject to the 10-year period of limitations set forth in MCL 600.5809(3), which provides: Except as provided in [MCL 600.”
In Re Forfeiture of $1,159,420, 486 N.W.2d 326 (Mich. Ct. App. 1992).
· cites it 2× “MCL 600.5809(2); MSA *149 27A.5809(2). [4] Claimants do not contend that the action was untimely.”
Attorney Gen. Ex Rel. Dep't of Env't Quality v. Bulk Petroleum Corp., 741 N.W.2d 857 (Mich. Ct. App. 2007).
· cites it 2× “STATUTE OF LIMITATIONS Defendants also argue that at least some of the additional penalties imposed at the March 8, 2005, hearing were barred by the two-year limitations period *664 set forth in MCL 600.5809(2). Plaintiff counters that defendants waived the statute of…”
— Mich. Comp. Laws § 600.5809(1) — 9 cases
Kristopher S O'Leary v. Christine a O'Leary, 909 N.W.2d 518 (Mich. Ct. App. 2017).
“5809, which states: (1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of…”
Stark v. Fifarek (In re Fifarek), 370 B.R. 754 (Bankr. W.D. Mich. 2007).
“LaPlante, Enforcing Judgments and Debts, § 6:19 (2004) (citing Mich. Comp. Laws Ann. § 600.5809 (3)) (emphasis in original).”
— Mich. Comp. Laws § 600.5809(2) — 7 cases
People v. Monaco, 710 N.W.2d 46 (Mich. 2006).
“MCL 600.5809 sets forth a ten-year period of limitations for civil claims seeking enforcement and collection of a noncontractual money obligation.”
In Re Forfeiture of $1,159,420, 486 N.W.2d 326 (Mich. Ct. App. 1992).
“MCL 600.5809(2); MSA *149 27A.5809(2). [4] Claimants do not contend that the action was untimely.”
Attorney Gen. Ex Rel. Dep't of Env't Quality v. Bulk Petroleum Corp., 741 N.W.2d 857 (Mich. Ct. App. 2007).
“STATUTE OF LIMITATIONS Defendants also argue that at least some of the additional penalties imposed at the March 8, 2005, hearing were barred by the two-year limitations period *664 set forth in MCL 600.5809(2). Plaintiff counters that defendants waived the statute of…”
People v. Monaco, 686 N.W.2d 790 (Mich. Ct. App. 2004).
“MCL 600.5809 generally sets forth a ten-year period of limitations for civil claims to enforce noncontractual money obligations: (1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or…”
— Mich. Comp. Laws § 600.5809(3) — 45 cases
Kristopher S O'Leary v. Christine a O'Leary, 909 N.W.2d 518 (Mich. Ct. App. 2017).
“5809, which states: (1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of…”
Van Reken v. Darden, Neef & Heitsch, 674 N.W.2d 731 (Mich. Ct. App. 2004).
“The circuit court granted this motion, finding that plaintiffs action to renew the judgment was time-barred by MCL 600.5809(3). The circuit court found that the March 7, 1991, judgment, and not the July 29, 1991, amended judgment, was the final judgment.”
Stockdale v. Jamison, 330 N.W.2d 389 (Mich. 1982).
“Secondly, my brother's opinion fails to consider the effect of MCL 600.5809(3); MSA 27A.5809(3), which provides that a judgment of a court of record may be enforced for ten years after it was rendered, and that the judgment may be renewed.”
Peabody v. DiMeglio, 856 N.W.2d 245 (Mich. Ct. App. 2014).
“Plaintiff, however, argues that claims to enforce a judgment are classified as “noncontractual money obligations” that carry a 10-year statutory period of limitations pursuant to MCL 600.5809, which provides in pertinent part, (1) A person shall not bring or maintain an action…”
Stark v. Fifarek (In re Fifarek), 370 B.R. 754 (Bankr. W.D. Mich. 2007).
“LaPlante, Enforcing Judgments and Debts, § 6:19 (2004) (citing Mich. Comp. Laws Ann. § 600.5809 (3)) (emphasis in original).”
— Mich. Comp. Laws § 600.5809(4) — 11 cases
People v. Monaco, 710 N.W.2d 46 (Mich. 2006).
“MCL 600.5809 sets forth a ten-year period of limitations for civil claims seeking enforcement and collection of a noncontractual money obligation.”
People v. Monaco, 686 N.W.2d 790 (Mich. Ct. App. 2004).
“MCL 600.5809 generally sets forth a ten-year period of limitations for civil claims to enforce noncontractual money obligations: (1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or…”
Peabody v. DiMeglio, 856 N.W.2d 245 (Mich. Ct. App. 2014).
“Plaintiff, however, argues that claims to enforce a judgment are classified as “noncontractual money obligations” that carry a 10-year statutory period of limitations pursuant to MCL 600.5809, which provides in pertinent part, (1) A person shall not bring or maintain an action…”
Rzadkowolski v. Pefley, 603 N.W.2d 646 (Mich. Ct. App. 1999).
“m Defendant next argues that the ten-year limitation period contained in MCL 600.5809; MSA 27A.5809, *410 before its amendment in 1996, precludes plaintiff from collecting child support payments due more than ten years before she began enforcement proceedings.”
Arkin Distrib. Co. v. Jones, 792 N.W.2d 772 (Mich. Ct. App. 2010).
“Plaintiff acknowledges that the 1991 default judgment is subject to the 10-year period of limitations set forth in MCL 600.5809(3), which provides: Except as provided in [MCL 600.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.