Questions Answered by Adam Alexander
Q: I'm being sued for medical bills. Asked for reduced offer & monthly payments was told no. What can I do?
Adam Alexander's answer
You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.
Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer is often too expensive for consumers so if that is not an option, do the best you can.
If you have already filed bankruptcy or do not wish to do so, and you have no defense to the debt, I...
You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.
Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer is often too expensive for consumers so if that is not an option, do the best you can.
If you have already filed bankruptcy or do not wish to do so, and you have no defense to the debt, I...
Q: I am sued in small claims and I have questions about the paperwork that I received from the plaintiff's attorney.
Adam Alexander's answer
Hire a lawyer. That's the best advice I can give you. Litigation is complex and you are at a distinct disadvantage against an attorney. The answers to your questions are also complex and require knowledge of the Michigan Court Rules, Rules of Evidence, and case law interpretation.
Hire a lawyer. That's the best advice I can give you. Litigation is complex and you are at a distinct disadvantage against an attorney. The answers to your questions are also complex and require knowledge of the Michigan Court Rules, Rules of Evidence, and case law interpretation.
Q: What do you do if you are sold a new 2019 vehicle that is defected and it's not fixable? What should we expect next?
1 Answer
| Asked
in
Consumer Law, Contracts, Products Liability and Business Law
for
Michigan
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Adam Alexander's answer
Michigan's Lemon has strict requirements regarding the number of repairs required to qualify as a "Lemon":
It shall be presumed that a reasonable number of attempts have been undertaken to repair a defect or condition if 1 of the following occurs:
a) The same defect or condition that substantially impairs the use or value of the new motor vehicle to the consumer has been subject to repair a total of 4 or more times by the manufacturer or new motor vehicle dealer within 2 years...
Michigan's Lemon has strict requirements regarding the number of repairs required to qualify as a "Lemon":
It shall be presumed that a reasonable number of attempts have been undertaken to repair a defect or condition if 1 of the following occurs:
a) The same defect or condition that substantially impairs the use or value of the new motor vehicle to the consumer has been subject to repair a total of 4 or more times by the manufacturer or new motor vehicle dealer within 2 years...
Q: Can a used car lot deny a potential buyer the right to have a vehicle inspected by an independent party?
Adam Alexander's answer
The Federal Trade Commission has some good advice about buying a used car here: https://www.consumer.ftc.gov/articles/0055-buying-used-car
The seller is NOT required to allow an inspection. While I woudn't personally purchase a used vehicle without a prior inspection, there may be some compelling reasons for denying the inspection, (liability, inconvenience), particularly if the vehicle is below the $5,000 price point.
The Federal Trade Commission has some good advice about buying a used car here: https://www.consumer.ftc.gov/articles/0055-buying-used-car
The seller is NOT required to allow an inspection. While I woudn't personally purchase a used vehicle without a prior inspection, there may be some compelling reasons for denying the inspection, (liability, inconvenience), particularly if the vehicle is below the $5,000 price point.
Q: Was suing a coll agency for FDCPA under Sec 806, 807(b) and 809 (b). They've filed a not of removal to fed. look st law
Adam Alexander's answer
The State law covering the alleged violations depends on whether the "collection agency" is a lawyer/law firm or not. Don't get caught suing under the wrong statute. I suggest you contact an experienced FDCPA lawyer to discuss your legal options in more detail.
The State law covering the alleged violations depends on whether the "collection agency" is a lawyer/law firm or not. Don't get caught suing under the wrong statute. I suggest you contact an experienced FDCPA lawyer to discuss your legal options in more detail.
Q: Owe on a loan. No payments made in 8 years. Can they take money out of my bank accounts?
Adam Alexander's answer
More information is required to provide you with an answer. Is there a judgment against you? If so, what court, have they filed a writ of garnishment, have they taken any collection actions?
I suggest you provide a new question including very detailed dates and facts. That way you will receive a response that will be much more helpful.
More information is required to provide you with an answer. Is there a judgment against you? If so, what court, have they filed a writ of garnishment, have they taken any collection actions?
I suggest you provide a new question including very detailed dates and facts. That way you will receive a response that will be much more helpful.
Q: Can my 82 year old Mother break her auto lease and not be liable for the early return if she is going blind?
Adam Alexander's answer
Unfortunately, the answer is "no". Finance companies are unforgiving when it comes to their money . You may wish to consider buying out the lease (if she has the financial ability to do so). This would at least leave you with an asset to sell and save you Mom from damaged credit. If she simply stops making payments, it will result in a repossession, followed by debt collection - so you do not want that result.
Buying out the lease would also prevent her credit from being derogated...
Unfortunately, the answer is "no". Finance companies are unforgiving when it comes to their money . You may wish to consider buying out the lease (if she has the financial ability to do so). This would at least leave you with an asset to sell and save you Mom from damaged credit. If she simply stops making payments, it will result in a repossession, followed by debt collection - so you do not want that result.
Buying out the lease would also prevent her credit from being derogated...
Q: Can rehab or mental health care/services help cut your jail time if you has an 2nd DUI?
Adam Alexander's answer
The answer depends on the jurisdiction the offense occurred, your judge, the prosecutor, and the skills of your lawyer.
It also depends on the specific factors of your arrest, (e.g. BAC, your behavior, etc.).
Generally speaking, a Defendant who is voluntarily and honestly seeking medical care and/or counseling may get a break. However, a lawyer would have to review ALL the facts surrounding your specific case to give you accurate legal advice.
The answer depends on the jurisdiction the offense occurred, your judge, the prosecutor, and the skills of your lawyer.
It also depends on the specific factors of your arrest, (e.g. BAC, your behavior, etc.).
Generally speaking, a Defendant who is voluntarily and honestly seeking medical care and/or counseling may get a break. However, a lawyer would have to review ALL the facts surrounding your specific case to give you accurate legal advice.
Q: Can a cosigner be denied on my auto loan if they don't live at the same residents.
Adam Alexander's answer
The alleged requirement that co-signors must live at the same address sounds fishy to me. However, this may be a particular requirement of a specific creditor, rather than the dealer. I agree with you that this could be an effort to obtain a higher interest rate.
I do not specialize in discrimination law, so I can't give you an opinion on that.
Hope this helps.
The alleged requirement that co-signors must live at the same address sounds fishy to me. However, this may be a particular requirement of a specific creditor, rather than the dealer. I agree with you that this could be an effort to obtain a higher interest rate.
I do not specialize in discrimination law, so I can't give you an opinion on that.
Hope this helps.
Q: How many times a day are debt collectors legally allowed to call my home?
Adam Alexander's answer
There is no bright line for the exact amount of calls that violates the law. Courts determine harassment on a case by case basis, considering the number and content of the phone calls, as well as whether third parties are contacted.
Also, you should know that if your creditor is calling you (as opposed to a debt collector), the Fair Debt Collection Act does not limit the amount of calls. In fact, creditors are not "debt collectors" under the FDCPA and they are not governed by the...
There is no bright line for the exact amount of calls that violates the law. Courts determine harassment on a case by case basis, considering the number and content of the phone calls, as well as whether third parties are contacted.
Also, you should know that if your creditor is calling you (as opposed to a debt collector), the Fair Debt Collection Act does not limit the amount of calls. In fact, creditors are not "debt collectors" under the FDCPA and they are not governed by the...
Q: My son is 15 being charged with resisting arrest and disorderly,tested positive for marijuana
Adam Alexander's answer
More facts are required to provide you with an accurate answer. I urge you to retain a lawyer to defend your son as soon as possible. I suggest you find a lawyer who regularly practices in the court where the charges were brought.
More facts are required to provide you with an accurate answer. I urge you to retain a lawyer to defend your son as soon as possible. I suggest you find a lawyer who regularly practices in the court where the charges were brought.
Q: How serious is it to hack and install spy software on someones phone for a first time offender?
Adam Alexander's answer
Have you been charged? Depending on the circumstances and your prior criminal record (if applicable), this action could be very serious. You need a good lawyer, particularly one who has experience in the district where you have been charged.
Have you been charged? Depending on the circumstances and your prior criminal record (if applicable), this action could be very serious. You need a good lawyer, particularly one who has experience in the district where you have been charged.
Q: I've been ill and unable to pay my bills on time, and I get tons of harassing collection calls every day.
Adam Alexander's answer
Collection calls can be stressful. As hard as it is, you should have a plan. As outlined by the other attorney, you can send cease and desist letters to any or all debt collectors. However sometimes it is difficult to determine who is who when you are bombarded by multiple collectors. One good way to get organized is to order your credit report. You can get free reports annually at www.annualcreditreport.com.
When you receive the credit reports, you will see most of your debt...
Collection calls can be stressful. As hard as it is, you should have a plan. As outlined by the other attorney, you can send cease and desist letters to any or all debt collectors. However sometimes it is difficult to determine who is who when you are bombarded by multiple collectors. One good way to get organized is to order your credit report. You can get free reports annually at www.annualcreditreport.com.
When you receive the credit reports, you will see most of your debt...
Q: What is filed in civil court veras small claims when the police refuse to go criminally after a contractor?
2 Answers
| Asked
in
Consumer Law, Contracts, Products Liability and Real Estate Law
for
Michigan
on
Answered on Sep 21, 2018
Answered on Sep 21, 2018
Adam Alexander's answer
Criminal court is different than civil court. Law enforcement often refuse to prosecute wrongdoers (criminally) and tell consumers that this is a "civil matter". Accordingly, if you wish to pursue the wrongdoer, you must to so by filing a civil lawsuit. Small claims court limits damages to $6,000, as noted by Mr. Harris. You may want to consult with a consumer protection attorney if you are seeking damages in excess of $6,000..
Criminal court is different than civil court. Law enforcement often refuse to prosecute wrongdoers (criminally) and tell consumers that this is a "civil matter". Accordingly, if you wish to pursue the wrongdoer, you must to so by filing a civil lawsuit. Small claims court limits damages to $6,000, as noted by Mr. Harris. You may want to consult with a consumer protection attorney if you are seeking damages in excess of $6,000..
Q: My mother keeps receiving excessive collections calls and she doesn't speak English.
Adam Alexander's answer
A letter. You can write it and have her sign it. Find out who is calling her, (either check her call log or order it through her provider), and then send a certified letter. You can usually Google the phone number and identify the debt collector. Keep in mind it could be a scam caller. In that case, there is no way to stop it.
The letter should include the name of the creditor/debt collector, the account number (if one exists and you can find it) and a general demand to cease and...
A letter. You can write it and have her sign it. Find out who is calling her, (either check her call log or order it through her provider), and then send a certified letter. You can usually Google the phone number and identify the debt collector. Keep in mind it could be a scam caller. In that case, there is no way to stop it.
The letter should include the name of the creditor/debt collector, the account number (if one exists and you can find it) and a general demand to cease and...
Q: Can students sue their university if their football team doesn't do well?
Adam Alexander's answer
Basically, you can sue anyone for anything. I think you want to know if such a lawsuit would have merit and potentially be successful. Of course the answer is: "No". The two main components of a civil lawsuit are "liability" and "damages". A Plaintiff must initially prove that the Defendant violated the law in some way. I suspect you are a UM fan, and I can understand why you are asking this question. But no matter how many times they lose to inferior competition - no laws have been...
Basically, you can sue anyone for anything. I think you want to know if such a lawsuit would have merit and potentially be successful. Of course the answer is: "No". The two main components of a civil lawsuit are "liability" and "damages". A Plaintiff must initially prove that the Defendant violated the law in some way. I suspect you are a UM fan, and I can understand why you are asking this question. But no matter how many times they lose to inferior competition - no laws have been...
Q: What's the quickest way for me to stop collections calls from happening? I'm sick of the harassment!
Adam Alexander's answer
Generally, a letter should stop the debt collector communications. The FDCPA indicates at 15 USC 1692c:
(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. . .
There is no magic language. The letter should simply...
Generally, a letter should stop the debt collector communications. The FDCPA indicates at 15 USC 1692c:
(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. . .
There is no magic language. The letter should simply...
Q: Can a Financial Institution in Michigan add "Forced Place Insurance" on an Auto loan in light of the Wells Fargo suit?
1 Answer
| Asked
in
Business Formation, Consumer Law and Insurance Bad Faith
for
Michigan
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Adam Alexander's answer
If your auto loan has a provision permitting forced-placed insurance it is likely legal and enforceable. Did you let your insurance policy lapse? Or did you not carry the minimum amount of coverage called for in the contract? If so, the CU may be able to force it. I would have to read the contract to give you a definitive response, but the Wells Fargo case involved forced-placed insurance on unsuspecting homeowners where the act was not allowed by the mortgage language. The escalation of...
If your auto loan has a provision permitting forced-placed insurance it is likely legal and enforceable. Did you let your insurance policy lapse? Or did you not carry the minimum amount of coverage called for in the contract? If so, the CU may be able to force it. I would have to read the contract to give you a definitive response, but the Wells Fargo case involved forced-placed insurance on unsuspecting homeowners where the act was not allowed by the mortgage language. The escalation of...
Q: how can i stop a foreclose on my deceased grandfathers home. My sister is Representative of the estate but she owe taxes
Adam Alexander's answer
If it is a tax foreclosure, the simplest way to save the home is to pay the balance of the taxes due. I would need more information regarding the timing of the foreclosure to provide more detailed advice.
If it is a tax foreclosure, the simplest way to save the home is to pay the balance of the taxes due. I would need more information regarding the timing of the foreclosure to provide more detailed advice.
Q: i filed for bankruptcy in around 2006 and it was appointed. i just changed my daughters bank acct to me the bank took $
Adam Alexander's answer
That is likely a garnishment based on a prior Judgment. If the Judgment occurred after the bankruptcy discharge it may still be recoverable by the creditor. However, if this debt was, for certain, from a discharged creditor, then I urge you to contact a FDCPA lawyer to protect your legal rights.
That is likely a garnishment based on a prior Judgment. If the Judgment occurred after the bankruptcy discharge it may still be recoverable by the creditor. However, if this debt was, for certain, from a discharged creditor, then I urge you to contact a FDCPA lawyer to protect your legal rights.
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