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Questions Answered by Mark Bredow
2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My wages are being garnished from my check. Can I just raise my federal withholding a lot and get it back next year?

I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?

Edit: Mark,... Read more »

Mark Bredow
Mark Bredow answered on Mar 29, 2020

No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got ticketed for not having my insurance info present and for having a suspended license that i was not aware of

After the policeman ticked me, he asked me for my phone number. Normal?

Mark Bredow
Mark Bredow answered on Jan 28, 2020

It is not unusual. Certainly, not improper. Remember, a police officer can ask any questions she wants. You are required to produce your license registration and proof of insurance, you are free to decline to answer other questions.

2 Answers | Asked in Bankruptcy for Michigan on
Q: What happens if the trustee didnt file the final report for distribution of assets before the due date?

My Chapter 7 has been reopened due to receiving assets, the judge ordered trustee to file final report on June 1, 2019 but I havent gotten any information since then and the status of the case is still "awaiting trustee's report"

Mark Bredow
Mark Bredow answered on Jan 28, 2020

There likely no real consequence. It's possible the T received an extension. If the delay benefits creditors without impairing your rights the court won't sanction. You may wish to look into filing a motion to compel the trustee to abandon the assets to you. An attorneys review is recommended.

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Michigan on
Q: What to do about court fines and warrents.

I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... Read more »

Mark Bredow
Mark Bredow answered on Jan 13, 2020

Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an attorney and... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a no proof of insurance ticket in Michigan. I do not have insurance. What do I do?

I got pulled over for a headlight out in Isco country. Got a no proof of insurance ticket.

Mark Bredow
Mark Bredow answered on Nov 28, 2019

Contact Court. Schedule ticket for formal hearing.

Before the hearing, buy insurance and obtain written proof of insurance.

Before hearing, go to Secretary of State and obtain copy of your driving record.

Attend hearing, talk to city attorney and present proof of insurance...
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2 Answers | Asked in Traffic Tickets for Michigan on
Q: Received a DWLS citation (MCL 257.9041B) BUT my licence was valid. Driving status was questionable. Now what?

Proved that I was valid driver within the ten days allotted. Arraignment was set anyway. At arraignment was told I had to set a pretrial confrence. Etc.....

Mark Bredow
Mark Bredow answered on Nov 25, 2019

Set the case for a pretrial. Contact the Secretary of State and purchase your driving record. Ask them the status of your license. Ask them if there were any restrictions on your license when you were stopped. It is possible you have unpaid tickets that resulted in a suspension? If so, contact... Read more »

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1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: If a cop gets behind you and doesn't flick his lights and you park and walk away is that a crime even with bad plates?
Mark Bredow
Mark Bredow answered on Nov 25, 2019

The crime appears to be that you were driving a car without proper registration. If the officer was following procedure, he ran the plate through his computer and the crime would be obvious. The officer could not have known about the lack of insurance. The offer need not turn on his lights for... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can I fight Section 257.602b traffic ticket arguing the language of "text message" did not apply in my case?

In Michigan State Traffic Law, Section 257.602b, can I argue that I did not violate the Section, questioning the definition of a "text message" stated in the Section? I understand a text message can be one sent via SMS for example one using the cellular network, and may not include other types of... Read more »

Mark Bredow
Mark Bredow answered on Sep 12, 2019

The phrase "text message" is not a defined term. The court will likely attribute to it a general definition rather than a strict one limited to SMS. A court is likely to interpret the statute in accordance with the activity that is being regulated and the harm that it is intended to prevent.... Read more »

4 Answers | Asked in Collections for Michigan on
Q: I have a judgement against me by consent allegedly entered by my defense attorney, I don't have an attorney

I have never heard of this attorney that allegedly represented me, I have not gone to court over this matter, but apparently a hearing was held and an attorney seems to have claimed to represent me, and consented to a judgement against me, and agreed on my behalf for me to repay the money. But... Read more »

Mark Bredow
Mark Bredow answered on Sep 9, 2019

Yes. If you did not agree it can be set aside. You'll need to file a motion with the court that granted the judgment and mail a copy to the creditor's attorney and the "defense attorney"

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2 Answers | Asked in Traffic Tickets for Michigan on
Q: Can police hide then pull you over?

I left work a cop passed me from opposite direction I pulled in friends driveway and dropped off her work badge. Saw the cop fly by going in the direction I was previously going. I got back in car proceeded to go home down the road I saw the same cop parked on a side road. I was not speeding then.... Read more »

Mark Bredow
Mark Bredow answered on Aug 30, 2019

I see no illegality. If the officer thought that you were speeding, it doesn't matter when he issued you a citation. He will have to prove that you were speeding. If you were not speeding, you may wish to ask for (and pay for) copies of any dash cam or body cam.

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a citation for no proof of insurance and expired registration for a vehicle I no longer have.

I since got a new vehicle. Can I appear in court with the proof of registration and insurance for the car I do have now?

Mark Bredow
Mark Bredow answered on Aug 28, 2019

No, you cannot. The ticket refers to the operation of the other vehicle.

If your former car was insured or was registered, but you did not have the certificate at the time you were pulled over, you may appear with proof of insurance and/or registration showing that the vehicle was insured...
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1 Answer | Asked in Collections for Michigan on
Q: My landlord sent me a bill for damages to an apt and an unpaid water bill. I have video and audio proof of no damages.

And the water bill is included in the rent which I paid on time in full every month. How can I take action against them.

Mark Bredow
Mark Bredow answered on Aug 7, 2019

Within 4 days after the date that you move out, you are required to give your landlord written notice of an address where you will receive mail from them. If you do that, the landlord has to mail you a notice of damages they claim against your security deposit. If they claim damages that are less... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can a ticket be dismissed becuase the officer read wrong registration and put down my old cars make, model, vin and year

I handed him my insurance info with the registration folder and it had my last cars info in it also since i had only just purchased my new car. This happend on the ohio turnpike. And im from out of state.

Mark Bredow
Mark Bredow answered on Jun 18, 2019

No. The citation was issued to you, not the car. An error of this type is easily corrected and the court would allow that correction.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Dear Sir, This is first time of misdemeanor. I got a clean record. Am i going to jail?
Mark Bredow
Mark Bredow answered on May 22, 2019

That is very unlikely. Depending upon the seriosness of the offense, If you plead or are found guilty, most 1st offenders pay a fine, and may have probation. You may also be eligible to have the misdemeanor dismissed orreduced to a simple non criminal traffic citation. It's always a good idea to... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I live in the State of MI. How should I plead for not stopping in time for a school bus? I was on the opposite side.

I was in front of my house, on the opposite side of street where the school bus was, and about to turn into the driveway ahead and drop my youngest off at his bus stop. I explained to the officer that I had a lot on my mind at the time, causing me to not realize the red lights were up on the bus at... Read more »

Mark Bredow
Mark Bredow answered on Apr 23, 2019

Call the Court and ask to set the matter for a "formal hearing". Go to the Secty of State and get a copy of your full driving record and take it with you to court. Sit with the City Attorney handling your case. Explain what happened, show her your good driving record and ask them to reduce the... Read more »

5 Answers | Asked in Bankruptcy for Michigan on
Q: is social security counted as disposible income in a chapter 13 bankruptcy
Mark Bredow
Mark Bredow answered on Apr 15, 2019

Your question is very simple to ask, but very complicated to answer. The short answer is, you must include Social Security payments in your monthly budget on Schedule I. Your budgeted monthly living expenses will be deducted from your monthly income to determine how much your monthly plan... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I have 4 traffic tickets from 4 years ago right before I went off for college. Now I have warrants what do I do?
Mark Bredow
Mark Bredow answered on Mar 20, 2019

Much depends upon what infractions are in those tickets. If they are only civil traffic matters, you have probably been defaulted and are responsible to pay them. However, some tickets are actually criminal misdemeanors which are punishable by fees, fines, costs, and depending upon the... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I’m 16, Ilive in Michigan, I got pulled over for doing 70 in a 55 but only got a ticket for going 1-5 over.

Will I get my license taken away? Do I plead guilty?

Mark Bredow
Mark Bredow answered on Mar 18, 2019

Probably not, but you should definitely contact an attorney who handles traffic matters near you. Hire him/her to set this matter for a hearing and to appear with you at the hearing. If your record is otherwise clear, he/she may be able to resolve the case with no points and no record. It is... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: My car was stolen in Michigan and I reported it the same day.

I was notified on a Friday by the 12th precinct that my car was recovered on Thursday (the day before) and now was in their custody at a tow yard. I had to pay almost $300 to get it back, but shouldn’t I have been notified the Thursday they found it so I could have the option to tow it to my home... Read more »

Mark Bredow
Mark Bredow answered on Mar 5, 2019

There is no statute which requires the police to notify you that quickly or that requires them to leave the vehicle where it is found, notify you, and wait for you to tow it. It could be in a dangerous place, on someone else's property, or pose a risk to traffic. They tow the vehicle to secure it... Read more »

2 Answers | Asked in Traffic Tickets for Michigan on
Q: Got arrested for driving without insurance, can I sell my car to pay the ticket before my court date?

I got arrested for driving without insurance in the state of Michigan but didn’t go to jail, I got released. I got my car out of the impound, I have a court date in about 2 weeks. Can I legally sell my car to pay off my ticket before the court date? Or will I get in more trouble for selling the... Read more »

Mark Bredow
Mark Bredow answered on Mar 5, 2019

It is not unlawful for you to sell your car. It is unlawful to operate it without having it insured or operating it without proof of insurance. If you had insurance at the time of the ticket, you may present the proof of insurance to the Court, who will, upon payment of an administrative fee will... Read more »

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