Lawyers, Answer Questions  & Get Points Log In
Michigan Banking Questions & Answers
1 Answer | Asked in Banking and Consumer Law for Michigan on
Q: Is it illegal to dispute items that are accurate but negative on your credit to qualify for better credit terms?

Is it illegal to get negative items removed from credit and then use that updated credit report to apply for credit?

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2022

Not necessarily illegal, and in fact that is or was a commonly-pushed strategy of credit repair shops. When you dispute an item, the credit bureau contacts the creditor for verification. If no verification is received timely, then the credit bureau is supposed to take it off your report. So the... Read more »

1 Answer | Asked in Banking for Michigan on
Q: an 84 yrs old was a victim of fraudulent transf of funds , her bank could have protected her she wired $100K to an unkn

She wired to an unknown account $100K Is there a role the bank should have played to step in and check with a family member to check to see if she should be wiring that kind of money? She was duped by someone on the phone to send him the wire payment, and she did what this person told her to do.

Brent T. Geers
Brent T. Geers
answered on Aug 23, 2022

Unfortunately, no. A person is presumed competent until declared otherwise. That includes the right to make unwise decisions. The bank would have had no legal authority to prevent the transaction or to check with a family member.

This should definitely be reported to the police if it...
Read more »

1 Answer | Asked in Real Estate Law and Banking for Michigan on
Q: What does MCL 600.6023 (1)(H) mean in layman's terms?
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 13, 2022

I don't know that there is a good 'short' layman's explanation, but the closest I can come to is that if you have a judgment against you, a judgment creditor cannot execute against a piece of property that has a mortgage against it.

In other words, you can't avoid...
Read more »

1 Answer | Asked in Banking and Business Law for Michigan on
Q: I made an online purchase on the target website using apple cash and because of that purchase someone stole my debit and

Apple cash information. I have proof that it was the target purchase that allowed the hackers to get my information. Do I have a case?

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Aug 4, 2022

You do against the hackers. But there's not enough information for other potential parties. Most transactions using Apple Cash are below $1,000 and it is likely you'll get your money back for fraudulent transfers. Have you contacted Apple, Target, and the bank behind Apple Cash? How do... Read more »

1 Answer | Asked in Gov & Administrative Law, Banking and Child Support for Michigan on
Q: Can a bank legally take money from my account that was a veterans disability back payment. And send it to child support

I’ve been actively making my monthly child support payments and I got a lump sum va disability payment. my bank held and took funds to send to my child’s mother via child support office .Is this lawful?

Brent T. Geers
Brent T. Geers
answered on Jul 8, 2022

Likely yes. First, your bank didn't do anything except comply with a presumptive lawful order issued by a court. Your issue is with the court, not the bank.

VA disability is considered income for child support purposes, and so is subject to garnishment.

I would suggest you...
Read more »

1 Answer | Asked in Contracts and Banking for Michigan on
Q: How does one prevent someone in the family from opening a credit card, bank account, debit card, etc?

what do you need to make sure a person (above 18 in your family) can not open a credit card, bank account, debit card or any other financial instrument so that they can spend/buy things?

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

You can't prevent someone over 18 from doing any of those things in their own name unless you happen to have legal guardianship over them. It does not matter if they are your own biological children. Once they are 18, you have no legal right OR responsibility for them.

2 Answers | Asked in Banking for Michigan on
Q: Do we have grounds for bank violating trust / damaging our business?

My wife manages her therapy business finance at Bank X. Recently, she had a difficulty with a teller, and was short with teller. Teller, who was likely unhappy about altercation, immediately used confidential access she had to my wife's business practice to go to her Google Business page and... Read more »

Adam Alexander
Adam Alexander
answered on Feb 28, 2022

You could potentially sue for defamation. However the overwhelming majority of courts have found that reviews on sites like Google Business are "opinions" and protected free speech. Also, you would have to prove tangible damages, such as specific loss of business. Since the review has... Read more »

View More Answers

2 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Michigan on
Q: I had a joint mortgage with my ex wife. I was bought out for $40,000 (my half of equity) but she wont take my name off?

Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... Read more »

David Soble
PREMIUM
David Soble
answered on Feb 14, 2022

Your next legal steps will be dependent upon the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement.

View More Answers

1 Answer | Asked in Civil Rights, Consumer Law, Products Liability and Banking for Michigan on
Q: Is there any legal action I can take against him?

I opened a bank account and was going to have my boyfriend added as a joint account. We got the paperwork filled out and went to go process it but it didn't process because he is in collections with his separate bank. We were told he needed to pay that debt of 1st before he could be added.... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2021

Do he clear up the debt with the other bank first? I would contact the bank, then the police to file a report.

1 Answer | Asked in Consumer Law, Banking and White Collar Crime for Michigan on
Q: Hi, I was victim of bank fraud - someone other than me initiated in branch transactions, bank didn't raise flags or stop

Do I have case for bank failure to either protect n secure my banking & personal info, since someone within the "bank" compromised my info, and also either failed to spot n prevent to confirm n varify acct ownership, or someone within that branch conspired to allow these transactions... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2021

Without more, it's likely the bank will restore to you whatever funds you lost. Depending on what exactly happened, or how much you lost, you could look into pursuing things further.

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Michigan on
Q: If I had illegally used a debit card 2015, moved to Florida what are my options if any? Statute of limitations?

I had used my mom's credit union debit card at numerous places at the end of July 2015. Over a weekend. On Monday I got on a bus to Florida to escape an abusive boyfriend and a very serious drug problem. (Heroin for almost 12 years @ 30 yrs old. I e been clean and sober since. No further... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 12, 2021

Do you have pending charges? Are there warrants for your arrest? If so, then at some point you'll have to deal with each case. And if you have warrants, it's hard to say whether any of them are serious enough to extradite you, but that is a possibility that you absolutely don't want.... Read more »

1 Answer | Asked in Banking for Michigan on
Q: I purchased a car last week and now the finance company is attempting to verify my employment

I purchased my car last week and now the fiance company is calling the dealership because they want to verify my employment but the problem is I separated rather aggressively from that company. I gave them all my paystubs and was already approved and in possession of the vehicle can they reposses... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2021

Good question. I don't think they will go to that extreme provided you stay current on payments. At the end of the day, this is all a business, and they are chiefly concerned with securing their interest in the vehicle.

2 Answers | Asked in Banking for Michigan on
Q: I wanted to know if I have a case if my bank gave out my account information to someone else

Someone else had my account number the bank teller told this person how much money I had in my account they also told her that I have someone else on my account with me and they asked her if she would like to take the money out of the account

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2021

Was any money taken from you? How do you know this information to be true? If no money was taken, it's probably something you should address with the bank manager.

View More Answers

1 Answer | Asked in Banking for Michigan on
Q: Hi, I'm trying to help a friend who needs legal advice regarding student loans.

She is a single mother who works and gets paid twice a month. She has student loans and just recently they are going into her bank account every time she gets paid and taking 100% of her income leaving her with no money to pay for anything. Which means she will be homeless in no time

Brent T. Geers
Brent T. Geers
answered on Mar 17, 2021

I take it she is in default with those student loans, and they are now garnishing her bank account to satisfy the judgment. She probably needs to talk with a collections or bankruptcy attorney quickly and, if possible, stop her paycheck from going into that account. Once the bank receives a... Read more »

1 Answer | Asked in Contracts and Banking for Michigan on
Q: Is it legal for someone to keep mail from me in this kind of circumstance?

I got a car with my grandpa as cosigner. He later got diagnosed having dementia. My uncle then became person in charge of his affairs, his financials included. My vehicle was repossessed for non payment of three months. I didnt receive any notices. I later found out notices had been sent to my... Read more »

Adam Alexander
Adam Alexander
answered on Feb 18, 2021

Were you supposed to make the monthly payments? It is not clear in your question.

Not a lot you can do to avoid this debt. Despite the lack of notice, you (or your grandpa) was required to make the payment. When the payment is not made, default occurs. The creditor can then proceed with...
Read more »

1 Answer | Asked in Banking for Michigan on
Q: I am 66 years old on SSI disability I've been with my bank for 8 years someone wrote a check online overdrafted my accou

I have a no overdraft on my account they should have never overdraft they said it was an online banking check with my name on it I do not have on my banking they said I signed up for it I said I've never used it look at my history they have put me from person to person instead of getting my... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2021

You will likely have to file a fraud report with the bank and maybe the police. Short of that, unfortunately, there's not much that can be done unless or until they find who did this.

2 Answers | Asked in Banking, Consumer Law, Contracts and Real Estate Law for Michigan on
Q: Real estate question. Hello all. Can I sue my mortgage lender?

I was buying a house and closer decided to end the deal due to lender not meeting closing date. I know meeting closing date is not guaranteed but every time I try to contact them they never called back. When I was finally able to contact them (two day before my closing date) they said they needed... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2020

Are you using a Realtor? That person is probably the first person you should (or should have been) in contact with. Generally, since the mortgage lender is not a part of the contract you made with the seller, it would be hard to assign liability to them.

View More Answers

1 Answer | Asked in Family Law, Banking and Elder Law for Michigan on
Q: A deposit was made to joint acct, one member dec'd, thought deposit was a benefit or payment due to me as executor

didn't know if it was reverse mtge or life or whatever, it continued past his death till last month. I was on the acct way before the death. Is this a criminal error?

Brent T. Geers
Brent T. Geers
answered on Oct 6, 2020

So what was the deposit for? It's probably not criminal but you may need to repay it to whomever made the deposit at some point.

1 Answer | Asked in Contracts and Banking for Michigan on
Q: Can a bank cancel my gap insurance because they mess up on my loan?

apparently they do not offer gap insurance on the type/length of loan we have. But we sign paperwork stating they will cover it 2 months ago.

Adam Alexander
Adam Alexander
answered on Sep 23, 2020

There may be language in the GAP contract allowing them to back out. Obviously you should get your money back for the contract. If it was part of your finance contract, you may want to request a new breakdown of costs because the Truth in Lending Act requires them to provide perfectly accurate... Read more »

1 Answer | Asked in Banking for Michigan on
Q: Received a check from this company is this legit

Need help because I received a check in the mail for a car wrapping project

Brent T. Geers
Brent T. Geers
answered on Aug 20, 2020

One way to avoid a financial scam is to ask yourself: are you expecting money? Before cashing the check, you should look at the company information listed on the check. First and foremost, is that information printed completely? Most legitimate companies print checks through their accounting... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.