Michigan Compiled Laws

Mich. Comp. Laws § 600.5831 (2026)

Accrual of claim; mutual and open account current.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.5831 Accrual of claim; mutual and open account current.

Sec. 5831.

In actions brought to recover the balance due upon a mutual and open account current, the claim accrues at the time of the last item proved in the account.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1972–2024 · leading case: Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc., 81 U.C.C. Rep. Serv. 2d (West) 239 (Mich. 2013).

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Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc., 81 U.C.C. Rep. Serv. 2d (West) 239 (Mich. 2013). · cites it 6× “” MCL 600.5831. Plaintiff contends that its claim accrued on May 13, 2005, the last date on which defendant made a payment.”

Seyburn, Kahn, Ginn, Bess, Deitch & Serlin, PC v. Bakshi, 771 N.W.2d 411 (Mich. 2009). · cites it 6× “In reaching its decision, the majority reasoned that the law governing a mutual and open account, MCL 600.5831, does not apply in this case because the law specifically governing the termination of the attorney-client relationship has precedence over a statute of general…”

Charbonneau v. Mary Jane Elliott, P.C., 611 F. Supp. 2d 736 (E.D. Mich. 2009). · cites it 2× “Under MCL § 600.5807(8) the controlling statute of limitations for the collection of past due debts is (6) six years from the date the cause of action accrues.”

Frank v. Linkner, 871 N.W.2d 363 (Mich. Ct. App. 2015). “5833 (actions for breach of warranty of quality or fitness “accrue” when the breach is discovered or should have been discovered); MCL 600.”

Seyburn, Kahn, Ginn, Bess, Deitch & Serlin, PC v. Bakshi, 750 N.W.2d 633 (Mich. Ct. App. 2008). · cites it 6× “[8] The Court determined that there was a mutual and open account current pursuant to 1929 CL 13977 (now codified as MCL 600.5831). However, in Dei's Estate , there was no question that the end of the attorney's services coincided with the termination of the attorney-client…”

Moya v. Hocking, 10 F. Supp. 2d 847 (W.D. Mich. 1998). “§ 600.5831. Payment on an open and mutual account renders the entire account open to suit, including time-barred charges.”

Fisher Sand & Gravel Co. v. Neal A Sweebe, Inc., 810 N.W.2d 277 (Mich. Ct. App. 2011). “” MCL 600.5831. Plaintiff contends that its claim accrued on May 13, 2005, the last date on which defendant made a payment.”

Am. States Ins. Co. v. TAUBMAN Co., INC., 352 F. Supp. 197 (E.D. Mich. 1972). “§ 600.5831. The claim in this action is for damage to property, the very property subject to contractual relationships between Arbor-land and the defendants.”

Carpenter v. Monroe Fin. Recovery Grp., LLC, 119 F. Supp. 3d 623 (E.D. Mich. 2015). “2d at 251 (“[T]he accrual of mutual and open account claims is governed by MCL 600.5831, [but] no specific statutory provision exists for the accrual of either open account claims or claims on an account stated.”

Seyburn, Kahn, Ginn, Bess, Deitch & Serlin, PC v. Bakshi, 758 N.W.2d 248 (Mich. 2008). · cites it 2× “The parties shall include among the issues to be briefed: (1) whether the plaintiff's action was brought to recover the balance due upon a mutual and open account; (2) if so, whether MCL 600.5831 applies to an action brought by an attorney against his client to recover unpaid…”

Patricia Wendel v. Ford Motor Co. (Mich. Ct. App. 2024). “5829); mutual and open account current (MCL 600.5831); breach of warranty for quality or fitness (MCL 600.”

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