Michigan Compiled Laws
Mich. Comp. Laws § 600.5823 (2026)
Counterclaims.
✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.5823 Counterclaims.
Sec. 5823.
To the extent of the amount established as plaintiff's claim the periods of limitations prescribed in this chapter do not bar a claim made by way of counterclaim unless the counterclaim was barred at the time the plaintiff's claim accrued.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
Cited in 10
cases, 1978–2020 · leading case: Wausau Underwriters Ins. Co. v. Vulcan Dev., Inc., 323 F.3d 396 (6th Cir. 2003).
Wausau Underwriters Ins. Co. v. Vulcan Dev., Inc., 323 F.3d 396 (6th Cir. 2003). “Vulcan also argues that, pursuant to Mich. Comp. Laws § 600.5823 , its counterclaim for tortious interference with a business relationship is not barred by the statute of limitations.”
Mudge v. MacOmb Cnty., 580 N.W.2d 845 (Mich. 1998). “See also MCL 600.5823; MSA 27A.5823, which provides: To the extent of the amount established as plaintiffs claim the periods of limitations prescribed in this chapter do not bar a claim made by way of counterclaim unless the counterclaim was barred at the time the plaintiffs…”
Murray v. Mansheim, 2010 SD 18 (S.D. 2010). “60-213(d) (stating that one will not be denied the benefit of a compulsory counterclaim by reason of statutes of limitation); Mich.Comp.Laws 600.5823 (allowing counterclaim to extent of the amount established by plaintiff's claim unless the counterclaim was barred when…”
Wallace v. Patterson, 271 N.W.2d 194 (Mich. Ct. App. 1978). “The trial court agreed and limited defendant’s counterclaim to the setoff amount established by plaintiff’s claim in accordance with MCL 600.5823; MSA 27A.5823. Defendant subsequently filed an untimely motion for rehearing, objecting to the trial court’s limitation of her…”
Am. Customer Satisfaction Index, LLC v. Foresee Results, Inc. (E.D. Mich. 2020). “LAWS § 600.5823—permits ForeSee to bring its claims after the expiration of the applicable statute of limitations so long as the counterclaims could have been brought at the time one or more of ACSI’s claims accrued.”
Am. Customer Satisfaction Index, LLC v. Foresee Results, Inc. (E.D. Mich. 2020). “LAWS § 600.5823—permits ForeSee to bring its claims after the expiration of the applicable statute of limitations so long as the counterclaims could have been brought at the time one or more of ACSI’s claims accrued.”
Price, Heneveld, Cooper, Dewitt & Litton v. Annuity Investors Life Ins., 244 F. App'x 654 (6th Cir. 2007). “See Mich. Comp. Laws § 600.5823 ("To the extent of the amount established as plaintiff's claim the periods of limitations prescribed in this chapter do not bar a claim made by way of counterclaim unless the counterclaim was barred at the time the plaintiff’s claim accrued.”
Thiel v. Scene, Inc., 324 N.W.2d 510 (Mich. Ct. App. 1982). “MCL 600.5823; MSA 27A.5823 provides for special tolling rules with respect to counterclaims, as opposed to cross-claims.”
Galasso Pc v. James Gruda (Mich. Ct. App. 2018). “The arbitrator also held that, even if untimely, the Grudas’ claims were allowed under the so-called counterclaim saving statute, MCL 600.5823, which allows untimely claims to be raised defensively.”
Galasso Pc v. James Gruda (Mich. Ct. App. 2018). “The arbitrator also held that, even if untimely, the Grudas’ claims were allowed under the so-called counterclaim saving statute, MCL 600.5823, which allows untimely claims to be raised defensively.”
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