Questions Answered by Adam Alexander
Q: Can a debt collector put a freeze on your bank account if your disabled and receiving social security benefits?
We have a joint bank account. I work, however my husband is on disability. An attorney's office has frozen part of our savings account. Can they touch this if the majority of the money in the account is from my income.
In Michigan, SS benefits are generally exempt from collection. However, the exempt funds must be "identifiable." This is a complex legal analysis and a definitive answer cannot be gleaned from the facts you provided. Generally, if funds are commingled with other funds, or transferred from an... Read more »
Q: I received a Default Request entry for a accident that happened in 2018. My former boss said he paid It off but didn’t
I don’t have insurance of my own to even know what to do. I don’t work for this medical transportation company. And I’m being sued for something I have nothing to do with I need to know what to do!?
How much is the alleged debt? The first thing you should do is NOT DEFAULT, if possible. From what you wrote here it looks like it may be too late. If you have a valid defense, there is a chance that default can be objected to or set aside. But you likely need to hire a lawyer to file the... Read more »
Q: Can Amazon be sued for identity theft? I keep getting rejections from Chase bank for Amazon credit I never applied for.
For the last few years, it's been a nightmare removing the negative inquiries from my credit report. Both Chase and Amazon blame each other. Chase claims they only get their applications electronically, directly from inside Amazon and must process them. Amazon claims there has not been a... Read more »
Have you completed an identity theft report and affidavit? If not, I suggest you do so. You can find one on the Federal Trade Commission website. You should also file a police report.
After you've done this, I suggest you send dispute letters to all three credit bureaus and enclosed the... Read more »
Q: How you doing I want to turn myself in on a criminal charge how do I do that
I strongly suggest you consult with a lawyer before turning yourself in. A lawyer will need to know the charges, possible defenses, the jurisdiction and whether you have any priors before giving you advice.
Q: Does officer lack probable cause after SFst if his decision to arrest will be based on pbt
Your question needs more detail. And that detail should NOT be published here. You need to contact a seasoned criminal defense lawyer and review the facts and your legal options. Generally speaking, probable cause is a complex legal issue that is interpreted by hundreds of legal cases. Your... Read more »
Q: I need a lawyer that deals with identity theft issues. Anyone know of someone in Michigan?
Someone created a paypal account using my SSN. Paypal never alerted me to this. They are rude and are still allowing this person to perform transactions under me even after me telling them it is not me. They never investigated this. Been going on since last Oct. 2018
Has this affected your... Read more »
Has this affected your credit? Are you getting collection letter or responsible for any debt?
Q: I'm being sued for medical bills. Asked for reduced offer & monthly payments was told no. What can I do?
I sent a letter requesting a reduced settlement amount and monthly payments to settle the debt. I was told they would not do payments that it had to be one lump sum and I can't afford that. I've received the subpoena from the court and have no idea what to do to get this resolved as I can't afford... Read more »
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... Read more »
Q: I am sued in small claims and I have questions about the paperwork that I received from the plaintiff's attorney.
I received a request for admissions and interrogations dated 3/25/19 from the plaintiff's attorney wanting a response within 28 days. We go to court 4/15/19. Do I respond or do I wait for court?
Also. The invoice they attached to the complaint is different from the other invoices I received... Read more »
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?
Out of curiosity after we bought it, I looked online to see if their photos had the defect before we bought it and I noticed it in their pictures, sadly, we were not notified of it and we did not notice it until later that same day. The defect is the drivers side sliding door that will not close... Read more »
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... Read more »
Q: Can a used car lot deny a potential buyer the right to have a vehicle inspected by an independent party?
Interested in a particular vehicle at a used car lot but was told I will not be allowed to take the vehicle to another mechanic's location to have the mechanic inspect the vehicle. I need to know if this is legal in Michigan or not.
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... Read more »
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
Need to find the state laws governing this same law to amend the case for small claims.
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?
Husband died. Had no income. Came and got motorhome. Live in Michigan. I have never received letter saying they were suing me. I am afraid to start a account because I'm afraid they will take it. Thank you for your help.
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... Read more »
Q: Can my 82 year old Mother break her auto lease and not be liable for the early return if she is going blind?
She has 2 years left on a three year lease. She can get a letter from her doctor.
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... Read more »
Q: Can rehab or mental health care/services help cut your jail time if you has an 2nd DUI?
Just has an 2nd DUI
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... Read more »
Q: Can a cosigner be denied on my auto loan if they don't live at the same residents.
I was approved an auto loan by myself but was told my mother couldn't co-sign for me not living with her. Is this discrimination?
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... Read more »
Q: How many times a day are debt collectors legally allowed to call my home?
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... Read more »
Q: My son is 15 being charged with resisting arrest and disorderly,tested positive for marijuana
He was release on a personal bond and goes to court in a week. The juvenile called his school to get transcripts release for a behavioral school but we haven’t went to court yet. On paper work said parents felt to address substance use. Are they trying to lock him up or will he get release. He... Read more »
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?
I have not been charged but told the cops were going to be involved for me doing this to someone. I wiped their phone clean. I have no prior criminal record but am still worried about the trouble I'll be getting into.
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.
How do I make them stop?
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... Read more »
Q: What is filed in civil court veras small claims when the police refuse to go criminally after a contractor?
My contractor took money and did not do or finish jobs. Also found out he took money he claimed to give the subcontractor and didn't give him that money either. I am not over budget and 23 weeks behind. I want to go after the contractor and was told some of what he did was criminal and the police... Read more »
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... Read more »
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