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Questions Answered by Adam Alexander
Q: Just a simple question: Isn't Oath Taking mandatory? Meaning, no matter what the case, what jurisdiction, etc...?
It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed... View More 
Adam Alexander
answered on Dec 2, 2024
answered on Dec 2, 2024
Unless a witness is giving testimony at trial, court proceedings are generally NOT under oath. They are transcribed, and lawyers have an ethical duty to tell the truth in all court hearings. In sum, if it's a pre-trial conference, settlement conference, motion or other non-trial hearing,... View More
Q: sued for my car loan. car was not repossessed but has a kill switch. it can not be started. what can I do with car?
Adam Alexander
answered on Aug 31, 2024
answered on Aug 31, 2024
I don't know a lot about a kill switch, but I suspect it can be removed. I've had clients sued for not making car payments and the creditor doesn't even want the car. They just want the money. But I digress. Your only question is what to do with the car. I would need more... View More
Q: How can I contest overcharged medical bills and garnishment in Michigan?
I'm facing issues with medical bills from Munson Hospital that appear to be inadequate and have led to overcharging. An attorney is currently garnishing my wages for $3,000, even though I have paid a similar amount to resolve these bills a few months ago. I'm awaiting statements from the... View More
Adam Alexander
answered on Mar 25, 2025
answered on Mar 25, 2025
I suggest you wait for the response from the law firm and then share that information with a lawyer. If the numbers don't make sense, you may be able to recover damages and lawyer fees under the FDCPA or the Michigan Collection Practices Act.
Q: Can a landlord add rent payment fees not in the lease in Michigan?
I signed a year-long lease on January 1, 2025, with a monthly rent of $1,750 plus utilities. My lease does not specify any fees for rent payment methods, aside from late fees. On March 1, 2025, the management company notified me via email that starting in April, there will be fees for paying rent... View More
Adam Alexander
answered on Mar 4, 2025
answered on Mar 4, 2025
If it's not stated in the lease it doesn't seem legal to charge this fee. However, this is not a definitive answer. I recommend you contact the Michigan Department of Civil Rights (MDCR), and file a complaint.
Q: Summons for co-signing student's delinquent loan, can't pay. Options?
I received a summons letter due to co-signing my child's delinquent Sallie Mae student loan for $21,853.65. The letter states I must respond within 21 days, or a judgment may be entered against me. Previously, I received reminder letters. I am a retired senior citizen on disability and a fixed... View More
Adam Alexander
answered on Feb 18, 2025
answered on Feb 18, 2025
Don't default! If you default they will get a judgment against you and may begin collection activity. I suggest you contact a bankruptcy lawyer immediately.
Q: I bought a new phone and the store cancelled my loan agreement without my knowledge due to a mistake on their end ?
I found all this out because they sent my account to collections but the purchase was a year ago and i have received zero communication with Verizon about it.
I am currently still using the phone which still has service so far I have been told the store filed the purchase agreement under... View More
Q: I am the Plaintiff in a Claim & Delivery case in St Clair County. Isn't Oath Taking mandatory? I am representing myself.
Also, Defendant filed Affirmative Defenses but brought no evidence (because they're untrue), Plaintiff was kept in Zoom room while Defendant and Judge chatted in the courtroom, and Plaintiff wasn't allowed to present evidence supporting her claims.
Adam Alexander
answered on Dec 1, 2024
answered on Dec 1, 2024
The only question I see is: "Isn't Oath Taking Mandatory?"
I suggest you explain your question in more detail so attorneys can accurately ascertain what information you are seeking.
Was this a trial? A Motion? What happened at this Zoom hearing? Is there another... View More
Q: I've been served a summons from a collection agency, is the contents of the summons above board?
The summons has conflicting timestamps, issue dates and a 'proof of service' form that wasn't filled out in any capacity.
The document states that it was printed 8-15-24, however has an issue date of 8-2-24. It states I have 21 days to respond after receiving to answer. How... View More
Adam Alexander
answered on Aug 31, 2024
answered on Aug 31, 2024
No matter the conflicting dates you should file an answer within 21 days. Don't default! If you default you will have no defenses whatsoever and they creditor will likely get a judgment for the full alleged damages. You can file a form answer available online or hire a lawyer.
Q: what is the laws governing sell of u sed vehicles, pertaining to transferring plates and title with a lien. i purchased
The registration has the wrong name and driver license no. on it, Does this void the contract. Informed the dealer of this, he said i have to have it corrected at my local secretary of state office
Adam Alexander
answered on Feb 2, 2024
answered on Feb 2, 2024
Does this void your contract? Probably not. However, the reason for the error should be investigated. I suggest you file a complaint with the Michigan Attorney General. And also contact the S.O.S. and ask questions. Perhaps they can shed some light.
Q: When a debt collector uses a state actor to collect a debt over 6 years old what are they not allowed to do?
The entire transaction was uninformed, no reading or understanding of what was being signed, the resident lured to residential office under false pretenses. The resident was refused copies of what was signed only told it was court documents and therefore can't get a copy of what was signed.... View More
Adam Alexander
answered on Dec 2, 2023
answered on Dec 2, 2023
I suggest you provide some detail so that a lawyer will have necessary information to help you.
What goods/services did you contract for? Who was the seller/provider of services? What date? Who is the debt collector? How much is the alleged debt? Why are you not responsible for the debt?... View More
Q: We have north of 100 residents wanting to hire an attorney to get their homes back, we can afford the attorney. thanks
Adam Alexander
answered on Nov 12, 2023
answered on Nov 12, 2023
There are multiple foreclosure defense lawyers in Michigan. I suggest you request a consultation to discuss your legal issue.
Q: I have a car that has broken down over 30 times in 6 months. Dealership says they can't fix it. What can I do?
Adam Alexander
answered on Aug 4, 2023
answered on Aug 4, 2023
It you purchased the vehicle new, it may qualify for Michigan's Lemon Law.
If you purchased the vehicle used, but with either a warranty or service contract, you may have legal options.
If you purchased the vehicle "as-is", your legal options are limited or... View More
Q: Sueing Two Companies in Small Claim Court In Michigan
I am about to file a small claim. Two LLCs belonging to the same person are involved. Appliance Store where I was told to write the check and the HVAC company that provided the service and gave me the receipt. I was going to sue just the HVAC company but I am going to add the appliance one since... View More
Adam Alexander
answered on Jul 10, 2023
answered on Jul 10, 2023
More is usually better when it comes to Defendants. I see the form only allows for one Defendant. The court should allow you to sue two parties in one complaint. I suggest you call the civil clerk and ask how to fill out the form if there are two Defendants. (They may tell you: "we don't... View More
Q: I took my car to a repair place in Michigan and I was not given an estimate of the repairs needed until 180 days after
They did the repairs but I didn’t have a chance to tell them rather or not I wanted the extra work they did done now I have a high bill. I was going to apply for a loan but I wanted to see my car first they told me it wasn’t there but in their storage wherever that is, they also said they... View More
Adam Alexander
answered on Jun 27, 2023
answered on Jun 27, 2023
If the "repair place" performed repairs that were not authorized by you, I suggest you file a complaint with the State of Michigan Attorney General. Michigan will investigate your complaint and contact the repair place.
Q: Can an LLC keep you from forwarding their emails to a credit card company to settle a chargeback dispute?
...
Adam Alexander
answered on Jun 22, 2023
answered on Jun 22, 2023
You can be sued for anything, really. But based on your summary I wouldn't worry about getting sued. The plaintiff in any lawsuit is required to prove damages. I doubt this LLC has been harmed by what you've done, as explained. (I probably wouldn't have admitted to forwarding these... View More
Q: I received a garnishment from a university stating that I owe 9k, & now it’s affecting my rent & I can’t afford it
They’re taking 25% with me only working 43 hours due to hours being cut, and I have bills that I cannot afford now. But I also do not know how I owe that much when I took out student loans through fasfa & parent plus loan to cover my expenses. How do I go about getting to lower it or take it... View More
Adam Alexander
answered on Jun 20, 2023
answered on Jun 20, 2023
I suggest you request that the creditor stop the garnishment and allow you to sign up for a payment plan that you can afford. (They almost certainly won't agree to this, but it's worth the request). When they reject that idea, you may consider filing a motion for installment payments. If... View More
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
answered on May 8, 2023
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... View More
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
answered on Apr 24, 2023
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... View More
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... View More
Adam Alexander
answered on Mar 23, 2023
answered on Mar 23, 2023
I suggest you contact an auto warranty lawyer to review your issue on more detail.
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
answered on Feb 13, 2023
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... View More
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