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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... Read more »

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 Consumer Law and Real Estate Law for Michigan on
Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?

Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

I assume you mean rescind not resend.

No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but...
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1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: which lawer do i get in contact with to help me getting my gun rights restoration
Brent T. Geers
Brent T. Geers
answered on Oct 8, 2022

There are attorneys who specialize in this, but generally, any criminal or appellant lawyer could assist.

1 Answer | Asked in Consumer Law for Michigan on
Q: I paid a company $4000 to build me an E-commerce website and have received nothing. I made a dispute claim with my bank

and today find out the back did a reversal. The bank said they received some paperwork from the company which they are sending me. So my bank won’t do anything, I constantly call this company either no and or busy signal. Again I received nothing no website nothing . All I want is what I paid for... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Aug 4, 2022

It will depend on the contract on the legal side, and where the company is located on the practical side. Without reviewing those pieces of information, your most likely remedy is a lawsuit.

2 Answers | Asked in Consumer Law, Small Claims and Lemon Law for Michigan on
Q: Can I sue Ford in small claims court for faulty engine.

My Ford escape with EcoBoost engine blew up. This is a common problem there are class action lawsuits. Can I sue Ford in small claims court and would it be worth it.

Brent T. Geers
Brent T. Geers
answered on Jul 26, 2022

Can you? Yes. Should you? No. You need to understand that major corporations like Ford have entire departments full of attorneys working for them, any of whom would have a field day with a pro se litigant. The first thing they will do is remove the case to the general civil docket because 1)... Read more »

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1 Answer | Asked in Consumer Law for Michigan on
Q: Purchased a car from dealership in Fla. fee's added for stuff never asked for, also had to tell finance I put $$ Lie

Was sick several months then father passed.... fell behind several months.... was backed into corner, had to have car, they knew it.... options?

Brent T. Geers
Brent T. Geers
answered on Jul 26, 2022

You may have some cause regarding added fees, depending on what they are for. But the remedy for that is to adjust the contract amount. It won't save your car if that is the concern. The reason behind executing a contract is generally not a defense or reason to get out of it; in short, it... Read more »

1 Answer | Asked in Landlord - Tenant, Consumer Law and Insurance Bad Faith for Michigan on
Q: My storage was broken into, I filed a claim & made a police report. My claim was denied.

The thieves broke off both my locks and put their own locks on so I couldn't get into my storage. The storage company siding with the insurance company which I pay insurance on my storage monthly. My claim was denied.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2022

What exactly is your question?

I can’t imagine a storage company ‘siding with’ anyone. Had you paid your storage bill? The scenario is unclear.

If you didn’t pay your bill they COUKD have auctioned off you’d stuff for back rent and Re rented the unit to someone else who...
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1 Answer | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Michigan on
Q: Do you believe this situation is worth pursuing from a legal & financial perspective? Is there precedent for this?

Hello & I appreciate your time & expertise.

I took my car to my Ins. Co.’s recommended Collisions Shop.While in for a complete tear down quote, the Shop caused additional damage to my car. They submitted a final quote to my Ins. Co. - which includes the cost to repair their... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 29, 2022

Probably not. Look, insurance is a business. It is probably not worth their while to fully investigate what might have happened, especially when clearly, the insurance company is paying a claim anyway, just to save a few bucks.

It is pre-arranged; insurance companies are most collision...
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2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... Read more »

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

I think you're right that you can sue them. I would try consulting a consumer rights attorney before trying it on my own. And I would plan to go ahead and sue in the general civil division (district court), not small claims. In small claims, neither party can have an attorney, and a business... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is it the manufacturers fault or the dealerships fault? Also should I hire and attorney and if so which type?

A recall (ECU software update) that came with an emissions warranty came out in 2019. I tried to have the recall done in 2019, dealership said they couldn't do it due to modifications made to the vehicle. In 2021 I went back to have the recall completed with same "modifications"... Read more »

Adam Alexander
Adam Alexander
answered on May 27, 2022

I suggest you hire a lawyer to address this matter. At the very least you should have an attorney send a demand letter to both the manufacturer and dealer.

1 Answer | Asked in Consumer Law for Michigan on
Q: Is it legal for a power company from another state to demand payment from my friend?

It turns out her ex’s power bill is still in her name (they used to live together), and his late payments have been affecting her credit score. He lives in Indiana, while she is in Michigan. Today she called the company to get her name off of the bill, but now they’re demanding she pay for the... Read more »

Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Yes, it's legal for them to demand payment from her. Her name is on the bill, so it's her they will look to for payment; doesn't matter who actually lives there.

Your only possible recourse would be against the ex; but I assume there was a reason why the bill wasn't in...
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1 Answer | Asked in Consumer Law and Civil Litigation for Michigan on
Q: Should I deny the complaints in the summons and complaint I received for an old debt even if I know the debt was mine?

I was served in regards to an old debt. The debt is mine, but I'm unsure if the amount is correct as I paid part of it in the past. Most of what I've read says to deny the complaints just to make them prove its actually mine and that the amount is correct. Is this a good idea? Solosuit... Read more »

Adam Alexander
Adam Alexander
answered on Apr 27, 2022

You just posted on line that "the debt is mine". Be careful now denying to the court that the debt is yours.

Depending on the amount of money the debt collector is suing you for, you should consider hiring a lawyer.

There are legal defenses available to you that you may...
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1 Answer | Asked in Consumer Law for Michigan on
Q: I bought something online through a website. I was told that I would be able to get a refund if need be.

She has scammed others and I have the proof online from reviews. I just want my money back and she’s refusing to give it to me like she promised. She asked me to stop emailing her and got mad when I said I’d have to involve the authorities.

Evan Ficaj
Evan Ficaj
answered on Apr 20, 2022

Save all communications or documentation, especially where she said she would provide a refund. Also, save all receipts, contracts, and terms & conditions. If this is on her website, try saving the site as a .pdf with the URL and timestamp in the header or footer. Then, if you paid with a... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: if iget a house from adverse possention do i hav to pay the loan off
Brent T. Geers
Brent T. Geers
answered on Mar 28, 2022

First, you should consult a lawyer to ascertain what rights exactly you have now. Adverse possession is complex. But otherwise, if there is a mortgage, that's a lien on the property regardless of who is the rightful owner. If you are the now rightful owner, you just bought yourself a debt you... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: statue of limitations in michigan credit card debt
Brent T. Geers
Brent T. Geers
answered on Mar 25, 2022

Off hand, I believe it's 6 years from the date of last payment or activity. That is not to be confused for when a default judgment has been obtained, which would be good for 10 years and subject to renewal.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Michigan on
Q: How to get your title back from a bail bonds men?

Son got in trouble on July 20 2018 they did not have enough cash for bond so they gave title of a 2001 dodge ram 1500 to bonds men they bailed him out. Nov. 2018 son was sentenced for 3 years in prison, son got paroled to my house on Nov. 2021, end of Feb. Son decided to sell truck couldn't... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2022

Apply for lost title with the secretary of state.

1 Answer | Asked in Consumer Law for Michigan on
Q: summons for credit card debt from unifund i failed to pay capitol one its been 5 years now im 71 years old

have to respond to court by20 days to file writton answer i dont know what to do

Adam Alexander
Adam Alexander
answered on Mar 21, 2022

First of all, do not default. Whether you hire a lawyer or not, file something with the court within the 20 days.

If you actually owe some or all of this debt, it may be worth your time to call the lawyer for Unifund and see if you can make payment arrangements. If you do not owe the...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Michigan on
Q: How do I object to a writ of garnishment? I received a notice from my employer on 3/2/22 from a 4 year old judgment.

On 03/02 I got an email from work with a "writ of garnishment" dated 02/08/22.I was not properly served from the creditor. The writ states "plaintiff received judgement against defendant for $6,875 on Feb 01 2018. The plaintiff is Credit acceptance corp. However, I was never served... Read more »

Adam Alexander
Adam Alexander
answered on Mar 9, 2022

There is a form that allows you to object to garnishments. Just Google "objection to garnishment Michigan". However there are only 5 permitted objections and one "catch all" objection.

1. the funds or property are exempt (protected) from garnishment by law.

2....
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