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Questions Answered by Adam Alexander
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 »

2 Answers | Asked in Consumer Law and Collections for Michigan on
Q: I've been contacted by a law firm to collect a debt i was unaware of until another debt collector threatened to sue me??

I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... Read more »

Adam Alexander
Adam Alexander answered on Jan 5, 2021

You may have the makings of a potential Fair Debt Collection Practices Act lawsuit here. I suggest you contact a FDCPA lawyer and provide your letters and the responses you refer to. Review of these documents is necessary to provide you with meaningful legal advice. The very first collection... Read more »

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1 Answer | Asked in Collections for Michigan on
Q: SOL in michigan for a car repo in 2002? Sued and judgement against me was declared in 2004

I co-signed for a car for a boyfriend in 2000. Repoed in 2002 and know there hasn't been a single pmt made since then. I did receive a letter every few years about collections but ignored it as I couldn't pay it. Last week I get a paper from law firm saying the 4k is now 9k and notice... Read more »

Adam Alexander
Adam Alexander answered on Dec 21, 2020

A 2004 Judgment may seem old, but creditors are permitted to "renew" a judgment. This is probably what happened in your case but you have to do some research and check the court record. Can they do this so many years later? Yes - probably. You need to get a copy of the "register of... Read more »

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 Civil Litigation, Contracts and Consumer Law for Michigan on
Q: Can I sue this company under what tort?

I had a verbal agreement (recorded) with a pest control company to remove a wasp nest with ONLY a non residual contact aerosol pesticide which would be used to kill the wasps quickly in their nest then the nest would be put in a bag and pulled down. I was assured that the chemical used would not... Read more »

Adam Alexander
Adam Alexander answered on Sep 1, 2020

You want to know if you have a meritorious case. A lawyer will require a lot more information to answer this question. The biggest problem with your potential case is the verbal contract. Your recording may or may not be admissible in court based on multiple factors. If it's not admissible,... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Are we obligated to pay an invoice that is twice an estimate for work done?

Got some landscaping done, before work started requested and got a written estimate. Based on that we agreed to proceed. Work was done. Then we got an invoice for $3400. Twice the estimate. At no time during the work being done, which was over a few weeks, did we get any communication that the work... Read more »

Adam Alexander
Adam Alexander answered on Aug 26, 2020

Assuming there was no language in the contract regarding the estimate (e.g. "this is just an estimate, you agree to pay for all work performed"), you seem to be correct. I would have to review all documents to provide you with a definitive opinion.

1 Answer | Asked in Small Claims for Michigan on
Q: In Michigan I am a co signer of a vehicle and I have all the receipts showing I paid for the car for 4 years.

The car is almost paid off and the primary owner will not reason with me.

Adam Alexander
Adam Alexander answered on Aug 18, 2020

I suggest you try this again and add some detail to your question. For example, who is in possession of the vehicle? What outcome do you want? How are you damaged monetarily?

1 Answer | Asked in Consumer Law for Michigan on
Q: I have consumed meat with tapeworms from a major retailer, I am now seeking medical help, is compensation a possibility

I have pictures, email communication from retailer, and doct appointment for 6/22/2020

Adam Alexander
Adam Alexander answered on Jun 22, 2020

You may be entitled to compensation, depending on the severity of your symptoms, the identity of the retailer and several other factors. I suggest you contact a lawyer directly to review your photos, communications and other evidence.

2 Answers | Asked in Banking, Collections and Social Security for Michigan on
Q: Is it legal for my savings acct. ( DIRECT DEP from soc sec) to be garnished by credit card company?? FACTS/background

Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.

The garnishment was against me not him.

4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I... Read more »

Adam Alexander
Adam Alexander answered on Mar 9, 2020

If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.

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1 Answer | Asked in Consumer Law for Michigan on
Q: You didn’t answer the question what is the statues on the issue?

My question was what is the statute of limitations on a legal debt judgement in Michigan. What does the statues state is the time period a plaintiff can collect.

Adam Alexander
Adam Alexander answered on Feb 28, 2020

I don't understand: "what are the statutes on the issue". What does that mean?

I provided you with a general breakdown of garnishment law in Michigan (exempt funds), and I provided you with free advice on how to potentially stop the garnishment.

Maybe if you re-post...
Read more »

2 Answers | Asked in Consumer Law for Michigan on
Q: Being garnished now by a collector that received the judgement in 2013 and failed to collect.

I was never notified by the collection agency of garnishment. Only received a copy of the Writ of Periodic Garnishment from the cities auditing department after money was deducted for earnings. I received the document on Feb. 19th post marked Feb. 14th. Is the statute up on this? They failed... Read more »

Adam Alexander
Adam Alexander answered on Feb 28, 2020

If the money in your account is not exempt, (exempt funds, for example, are SS Disability and various retirement funds), the creditor is likely permitted to garnish. You may wish to file a Motion for Installment Payments with the court. In some cases, but not all, this type of Motion may stop the... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Collections for Michigan on
Q: Hi Sir.,My wife and I signed a auto loan contract in 2013 With a company called Santander.We feel this a bad loan.Since

Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00

Adam Alexander
Adam Alexander answered on Jan 14, 2020

Why do you feel this is a bad loan?

1 Answer | Asked in Collections for Michigan on
Q: I was released from garnishment on 10/21/2018, but started to garnish accounts and payroll again. How to proceed?

I received a Garnishment Release, case No. 079564GC. "Garnishment on 4/13/2017 is withdrawn on 10/31/2019. Amts withheld by garnishee on or after 4/13/17 shall be returned to defendant and further witholdings shall be discountinued." But on 11/15/19, a garnishment was served and all... Read more »

Adam Alexander
Adam Alexander answered on Jan 13, 2020

I am wondering why the 4/13/17 garnishment was withdrawn and further withholdings discontinued? I need to know that to advise you how to proceed.

Regarding the exempt proceeds, I suggest you consult with a credit defense lawyer to review the exemption and discuss a potential FDCPA suit.

2 Answers | Asked in Foreclosure for Michigan on
Q: Is a notice to vacate an eviction notice the notice says? I have 10 days to vacate,is this considered a lawful eviction

The notice is from a law office and they are also offering to by back the key to leave a month after the 10 day notice to vacate. I’m confused and I just want enough time to move all of my belongings

Adam Alexander
Adam Alexander answered on Dec 18, 2019

"Cash for keys" is a common offer to persuade a resident to vacate earlier than scheduled. In your case if there is a court ordered eviction date, you must follow the court order. Have you been to court for the eviction hearing? Is there an eviction order signed by the judge?

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2 Answers | Asked in Collections and Small Claims for Michigan on
Q: On April 2, 2012, when I was on disability, I had a auto loan & returned a vehicle, 'cause I couldn't afford it no more.

On April 27, 2012, they sold the vehicle. About 1 year later on my credit report it showed that the company had put it as a charge off and it was at a zero balance. On April 27, 2019, it dropped off my credit report and it was not longer listed. Now, today, December 9, 2019, I received a summons... Read more »

Adam Alexander
Adam Alexander answered on Dec 9, 2019

Charging off an account does not prevent the creditor from collecting it. A charge off is simply the process of writing off a bad debt for tax purposes during the relevant fiscal period.

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1 Answer | Asked in Collections for Michigan on
Q: My son has to have a drug screening done once a year due to an ADHD medication. The last bill I received was may.

I have called the lab every month and they sent me 3 collection notices even through I paid without a bill. I called in October when I got the last collection notice in my 16 year old son’s name and the supervisor refused to put the account in my name without my birthday and social security... Read more »

Adam Alexander
Adam Alexander answered on Dec 6, 2019

Not receiving a bill does not exempt you from owing a debt. I suggest you send them a certified letter requesting the full balance amount, the monthly amount due and a list of all payments made. If you do not believe the balance is correct, you should also deny that you owe that amount. The... Read more »

2 Answers | Asked in Collections for Michigan on
Q: I recieved a summons to file a written answer to the court for a credit card in collections. spoke with collection co.

They said they can't give legal advise, but don't send a letter because we then will have to go to court. is that true should I still send a letter even though we've already set up a payment program

Adam Alexander
Adam Alexander answered on Dec 5, 2019

Just to second the response of Mr. Harris. Don't default!!! You may receive a consent order to sign from the debt collector before your Answer is due. I've seen consumers sign a consent judgment that they thought was a done deal, only to find out that that the debt collector (or the... Read more »

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2 Answers | Asked in Criminal Law for Michigan on
Q: Halloween costume help! Not braking 750.215, but 750.216a, (which I didn't know was a thing).

Please help me. I thought I was doing everything right and legal, but I just I was wrong. This year for Halloween I wanted to dress up as a Michigan Sheriff's officer. I go to university, and what scares college kids, the cops. I tried to do my best homework on the legal matter, and read that... Read more »

Adam Alexander
Adam Alexander answered on Oct 27, 2019

Nice research. Unfortunately courts take this kind of violation very seriously. Get yourself a lawyer who has experience in the court were the violation occurred. If you don't have a criminal record, you should be able to plea this out to a lesser charge and move on with your life.

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1 Answer | Asked in Consumer Law for Michigan on
Q: A contractor was paid 147k to repair my home after a fire it is literally falling apart he refuses to return

My cieling is falling in carpet coming up doors have fallen off the hinges leaks in plumbing electrical problems just to name a few

Adam Alexander
Adam Alexander answered on Oct 14, 2019

Is your home habitable? I suggest you obtain an estimate to repair what the contractor failed or refused to repair. Then, seek legal counsel.

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 »

Adam Alexander
Adam Alexander answered on Sep 10, 2019

The case won't be thrown out because of fraud. However, I find it odd that a lawyer made this agreement without your knowledge or consent. You need to find the identity of this lawyer and contact him/her immediately. Once you get the factual background then you can properly take action to... Read more »

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