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Questions Answered by Adam Alexander
1 Answer | Asked in Lemon Law for Michigan on
Q: I purchased a new car and its had a very high pitched squeak that has persisted since I recieved the car.

It has gotten worse since I have gotten it. I wouldn't be concerned if the dealer could diagnose the issue. I am concerned it may become an issue down the road. Do I have a case under Lemon Law.

Adam Alexander
Adam Alexander
answered on May 8, 2023

You can begin Michigan's Lemon Law process after 3 repair attempts for the same defect/condition and/or 25 days out of service within the first year from delivery. To set yourself up correctly to get your vehicle repurchased, avoid these 5 errors:

5 critical errors consumers make when...
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2 Answers | Asked in Collections for Michigan on
Q: Is there anyway to have a garnishment modified once it’s been started? If so what form do I need to fill out? Michigan
Adam Alexander
Adam Alexander
answered on Apr 24, 2023

The best way to address this is to file a Motion for Installment Payments. Research it and you will be able to find the form to fill out. The Motion costs $20. Fill out the form completely and file it with the court, along with the fee. The court will schedule a hearing and you can at least talk... Read more »

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1 Answer | Asked in Consumer Law for Michigan on
Q: Paying 30,000 for a car I bought 2months and it’s not working, single mother and need answers please and help
Adam Alexander
Adam Alexander
answered on Feb 13, 2023

If you purchased your vehicle "as-is", you may not have a legal avenue to resolve the problems.

I suggest you file a complaint with the BBB and with the State of Michigan to see if they can provide you with some options. If you have a warranty, you should work with the seller or...
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1 Answer | Asked in Banking and Business Law for Michigan on
Q: I owned a business, our bank without notices or court order froze our bank account, this closed the business immediately

The company was not behind on payments and not out of formula on credit line, I cannot talk to our loan officer and bank attorney will not provide any info

Adam Alexander
Adam Alexander
answered on Jan 10, 2023

Not a lot of detail in this question. A lawyer will need a lot more to provide you with your best legal options. However, my suggestion would be to immediately file a complaint with the CFPB. Your bank will have to respond, and this action may allow for a resolution. To the extent you later file a... Read more »

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 »

Adam Alexander
Adam Alexander
answered on Jun 23, 2022

Yes, you can sue them in Small Claims here in Michigan. Once you do so, (if this is a legit company), they will remove the case to the general docket.

TCPA cases are complex. You may be able to recover $1,500 per call if the conduct was willful. Demonstrating willfulness is difficult...
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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, Products Liability and Lemon Law for Michigan on
Q: Vehicle under warranty needs new engine thats taking 9 months to fix. Company offering $60/day for rental but I pay fees

Vehicle went in for routine oil change to dealer. Was told I need a new engine. Dealer has no loaners. Car manufacturer customer service offered $60/day for rental but says I’m responsible for taxes and fees from the rental. For 9 month rental replacing a 6 passenger car costs $18k-$24k with... Read more »

Adam Alexander
Adam Alexander
answered on Mar 23, 2023

I suggest you contact an auto warranty lawyer to review your issue on more detail.

1 Answer | Asked in Collections and Gov & Administrative Law for Michigan on
Q: The state of Michigan PUA claims through their collections department that I owe them 21,840.00.

On March 1 2022 Judge Finch dismissed this claim. for the past 5 months this ruling is under legal review by PUA while their collections department is now threatening wage garnishment. I have tried without success to get this matter resolved. Collections refuses to stop harassing me. Shouldn't... Read more »

Adam Alexander
Adam Alexander
answered on Jul 20, 2022

Probably. Assuming the dismissal was with prejudice and you are no longer responsible for the alleged debt. I suggest you contact a debt defense lawyer to review your legal options.

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 Civil Litigation and Small Claims for Michigan on
Q: Recovery of items resulting from a repossession.

Never had the opportunity to get my items until after the car was already gone from the tow yard. Car was sold by the time I got there. Items in trunk weren't recoverable which is over 3k in golf equipment. Company who did the tow falsified document saying I collected those items from trunk.... Read more »

Adam Alexander
Adam Alexander
answered on Apr 21, 2022

I suggest small claims court. It is inexpensive and quick. But you are going to have to have proof, (perhaps other witnesses), of the items that were in your vehicle. And values. For example the golf equipment, I suggest you provide the original receipts and then printouts of the same equipment... Read more »

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Michigan on
Q: What can i do if my former apartment forwards a false debt to a collection company?

My former apartment claimed that we did not give notice before moving out, and forwarded a $1700 debt to a collections agency, though we did give notice. Aside from the fact that we did give notice (we got the form from the management office), it says NOTHING about a charge for not giving notice in... Read more »

Adam Alexander
Adam Alexander
answered on Apr 13, 2022

I suggest you first send a certified letter, both to the apartment and to the debt collector. The letter should clearly deny the alleged debt and explain in detail why you don't owe the debt. Importantly, the letter should also request how they calculated the $1,700 and what clause in the... Read more »

1 Answer | Asked in Collections for Michigan on
Q: Can a medical debt that was sent to collections in error be reversed?

Our adult son has a medical bill that was put on hold until a discount was discussed. He is self-pay. He never received a call from the person to negotiate and the bill was sent to collections.

Adam Alexander
Adam Alexander
answered on Apr 11, 2022

I assume a debt collector has called you or sent you a dunning letter. If you received a letter, I suggest you dispute that letter in writing. Send a dispute letter by certified mail to the debt collector with as much detail as possible.

Keep in mind the time period before unpaid medical...
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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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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 »

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1 Answer | Asked in Small Claims for Michigan on
Q: Private TRT Clinic: I paid $2,000 for treatment and the doctor disappeared.

I’ve been on TRT for 2 years with the same clinic. It’s a small clinic with one physician and one receptionist. My annual renewal just took place and I paid $2,000 upfront. I had some labs drawn and ordered medication. After that the physician disappeared. There is no one at the clinic to take... Read more »

Adam Alexander
Adam Alexander
answered on Nov 22, 2021

If you paid by credit card I suggest you consider challenging the charge before you file a lawsuit.

Also, I suggest you send a certified letter to the clinic disputing the charge and requesting an explanation. Again, before you file a lawsuit.

Without knowing more information, I do...
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2 Answers | Asked in Contracts, Small Claims and Real Estate Law for Michigan on
Q: Seller was suppose to make a repair before closing but failed to do so, can I take them to small claims court?

My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with... Read more »

Adam Alexander
Adam Alexander
answered on Oct 29, 2021

Initially, I suggest you write a letter to the seller and copy the agent. The letter should point out the defects and make a specific demand for reimbursement. After they ignore or reject your demand, you may then consider legal action. However, since you did not point out the defects during the... Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Vehicle under warranty but Chrysler cannot fix the problem due to discontinued part. what do i do?

Chrysler service has had my car for 9mo, & have been taking it in for over a year now. They've tried everything but the discontinued part, because it cannot be sourced. now they are just giving me my car back without doing a buy back or anything. I believe the car would be considered a... Read more »

Adam Alexander
Adam Alexander
answered on Jul 29, 2021

Knowing the year/make/model of your vehicle would be helpful.

The first thing you should do is send a final repair letter. Immediately. A lawyer can do that for you. However, Michigan’s Lemon Law, like most other States, requires the consumer to provide the auto manufacturer with one...
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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...
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1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Is it safe to pay a debt collector in full?

This is the second debt collector I'm dealing with. The first debt collector i was dealing with couldn't provide all of the information i requested in my validation request letter, so they passed it to another debt collector. People keep telling me that paying a debt collector is a very... Read more »

Adam Alexander
Adam Alexander
answered on Jan 6, 2021

You are right to be wary. Some lawyers will give you a free consultation and review these validation letters and responses to see if you have a potential legal action. If your goal is to pay the debt and not be hounded by additional debt collectors I would advise you to consult with a FDCPA lawyer... Read more »

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