Sued by Discover Financial Services in Michigan? Here's What to Do Next

2012 · consent order

$214M total ($200M consumer refunds to ~3.5M consumers + $14M CFPB civil money penalty)

Joint CFPB/FDIC consent order finding Discover used deceptive telemarketing tactics to sell credit card add-on products including payment protection, credit score tracking, identity theft protection, and wallet protection. Telemarketers misled consumers about enrollment, costs, and benefits.

CFPB source

2015 · consent order

$18.5M total ($16M consumer refunds + $2.5M CFPB civil money penalty)

CFPB consent order finding Discover misstated minimum payments due on student loan billing statements, misrepresented tax information consumers needed for federal tax benefits, and engaged in illegal servicing and collection practices including calling consumers early in the morning and late at night.

CFPB source

Statute of Limitations Defense

In Michigan, the statute of limitations for credit card debt is 6 years. If your last payment was more than 6 years ago, the debt is time-barred. Verify when your last payment or account activity occurred and raise the SOL defense in your Answer if applicable.

Challenge the Amount

Demand a complete accounting from the original creditor's last statement through the current claimed balance. Any unauthorized fees, post-charge-off interest, or collection costs not in the original agreement should be disputed line by line.

Michigan Wage Garnishment Exemptions

Greater of 75% of disposable earnings or 30x federal minimum wage exempt.

Michigan Collection Practices Act / Michigan Consumer Protection Act

In addition to the federal FDCPA, Michigan's Michigan Collection Practices Act / Michigan Consumer Protection Act may provide additional protections and remedies against Discover Financial Services's collection practices.

Michigan Court System

Small claims limit $6,500. District court up to $25,000. Circuit court for larger amounts. Filing fees in Michigan typically range $50-$260.

Can Discover sue me for unpaid credit card debt?

Yes. Discover regularly files lawsuits against consumers for unpaid credit card balances. They typically sue directly rather than selling the debt to a third party.

What happens if I ignore a Discover lawsuit?

A default judgment will be entered against you, allowing Discover to garnish wages, levy bank accounts, and place liens on property in states that permit it.

Can I negotiate with Discover?

Discover may negotiate settlement offers, especially if you file an Answer and actively defend the case. Having an active defense often motivates creditors to settle for less.

Does the statute of limitations apply to Discover?

Yes. Credit card debt has a statute of limitations that varies by state, typically 3-6 years. If Discover sues after the SOL expires, you can raise this as a defense.

How long to respond in Michigan?

21 days from service to file your Answer.

What is the SOL in Michigan?

6 years for all contract types.

Does Michigan have its own debt collection law?

Yes. The Michigan Collection Practices Act provides additional protections for consumers.

Can wages be garnished in Michigan?

Yes. Federal limits apply.

Is the collection agency calling me licensed in Michigan?

If they are a third-party collection agency (not the original creditor), they need a Michigan license under MCL 339.904, part of the Occupational Code's Collection Practices article. The Michigan Department of Licensing and Regulatory Affairs (LARA) maintains a public licensee search. If you find that the collector calling or suing you is not licensed in Michigan, that is a major problem for them: unlicensed collection activity is a misdemeanor under MCL 339.601 and gives you civil claims under MCL 339.916 (treble damages or $150 plus attorney's fees). It can also be a defense to the underlying debt - some courts have dismissed suits brought by unlicensed collectors. Original creditors collecting in their own name are exempt from licensing but still subject to the RCPA (MCL 445.251), so you have leverage either way. Always check licensing first, file a complaint with LARA if the collector is unlicensed, and document every contact to support a private suit under the Occupational Code and the federal FDCPA.

What is the statute of limitations on credit-card debt in Michigan?

Michigan has a 6-year statute of limitations on most contract and open-account debt under MCL 600.5807(8). That covers credit-card debt, store-card debt, personal loans, and most installment contracts. The clock runs from the date of breach - generally the date of last payment or charge-off. Michigan law (MCL 600.5866) allows partial payment or written acknowledgment to restart the clock, so do not pay anything on an old debt or make a written promise to pay without first confirming the dates. If a collector sues you on a debt past the 6-year SOL, plead the statute of limitations as an affirmative defense in your answer - it is a complete defense if raised on time, but it can be waived if you do not raise it. Michigan also treats suit on a time-barred debt as a potential violation of the federal FDCPA and the RCPA, so a stale suit may be both a defense and a counterclaim. Check the dates carefully before responding to any Michigan collection notice.

Can a collector garnish my Michigan paycheck?

Yes, but only after suing and obtaining a judgment, and then subject to state and federal limits. Michigan follows federal law's 25% cap on disposable wage garnishment under 15 U.S.C. § 1673 and MCL 600.4015. Michigan also limits garnishment to the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage. Garnishments are typically issued for 90 days at a time and must be re-issued by the creditor. Several categories of income are fully exempt: Social Security, SSI, VA, unemployment, workers' compensation, and most public assistance. Michigan also exempts $1,000 in a checking or savings account if certain conditions are met. If you receive a garnishment, file an Objection to Garnishment with the court within 14 days (MCR 3.101). Common grounds include exempt funds, lack of valid service of the underlying suit, the SOL having expired, or the collector lacking standing or proper licensing. Michigan Legal Aid and many consumer attorneys take these cases under fee-shifting laws.

How does Michigan's RCPA differ from the federal FDCPA?

The biggest difference is scope. The federal FDCPA (15 U.S.C. § 1692a(6)) generally exempts original creditors collecting their own debts - it applies primarily to third-party collectors and debt buyers. Michigan's Regulation of Collection Practices Act (MCL 445.251) covers "regulated persons," which has been interpreted to include original creditors. That means a Michigan consumer harassed by a credit-card issuer collecting its own debt has remedies under state law that federal law does not provide. Both statutes prohibit similar conduct: false threats, harassment, misrepresentation of amounts, contacting consumers after a stop request, communicating with third parties, etc. The RCPA's remedies (MCL 445.257) include actual damages, the greater of $50 per violation or three times actual damages (treble damages), and attorney's fees and costs - and willful violations carry enhanced penalties. Combining FDCPA and RCPA claims often produces stronger leverage than either alone. Michigan attorneys frequently file dual-track claims when the collector qualifies under both.

Can a Michigan car-loan deficiency be collected after repossession?

Often yes, but with specific conditions. Under Michigan UCC Article 9 (MCL 440.9601 et seq.), after a vehicle repossession the lender must (1) give the borrower written notice of the planned sale of the collateral, (2) sell the vehicle in a "commercially reasonable" manner, and (3) properly account for the sale proceeds. If the sale proceeds plus your payments are less than the loan balance, the lender can sue you for the deficiency - the gap between what you owed and what they recovered. But many Michigan deficiency suits fail because the lender skipped a statutory step. Common defenses: defective notice (wrong content, wrong timing, wrong delivery), commercially unreasonable sale (sold at wholesale to a related party, sold without effort to maximize price, etc.), or improper accounting. Under Michigan UCC § 440.9626, if the lender fails to follow Article 9 procedures, the deficiency can be reduced or eliminated entirely. The SOL on UCC contract deficiency claims is generally 4 years under MCL 440.2725 or 6 years under MCL 600.5807, depending on classification. Always review the notice and sale documents carefully.