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Questions Answered by Adam Alexander
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 "Garnishment on 4/13/2017 is withdrawn on 10/31/2019.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 checking and... 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I am wondering why the 4/13/17 garnishment was withdrawn and further withholdings discontinued?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 court)... 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 I... 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 either... Read more »

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2 Answers | Asked in Collections for Michigan on
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.

Adam Alexander
Adam Alexander answered on Aug 3, 2019

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 »

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1 Answer | Asked in Collections for Michigan on
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!?

Adam Alexander
Adam Alexander answered on Aug 2, 2019

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 »

1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
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 »

Adam Alexander
Adam Alexander answered on Jun 25, 2019

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...
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1 Answer | Asked in Criminal Law for Michigan on
Q: How you doing I want to turn myself in on a criminal charge how do I do that
Adam Alexander
Adam Alexander answered on Jun 22, 2019

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.

1 Answer | Asked in DUI / DWI for Michigan on
Q: Does officer lack probable cause after SFst if his decision to arrest will be based on pbt
Adam Alexander
Adam Alexander answered on May 7, 2019

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 »

1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
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 »

Adam Alexander
Adam Alexander answered on Apr 29, 2019

Has this affected your credit? Are you getting collection letter or responsible for any debt?

1 Answer | Asked in Collections and Health Care Law for Michigan on
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 »

Adam Alexander
Adam Alexander answered on Apr 10, 2019

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...
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2 Answers | Asked in Civil Litigation and Collections for Michigan on
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 »

Adam Alexander
Adam Alexander answered on Mar 31, 2019

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.

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Michigan on
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 »

Adam Alexander
Adam Alexander answered on Mar 16, 2019

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...
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2 Answers | Asked in Consumer Law and Lemon Law for Michigan on
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.

Adam Alexander
Adam Alexander answered on Feb 28, 2019

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 »

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2 Answers | Asked in Consumer Law and Collections for Michigan on
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.

Adam Alexander
Adam Alexander answered on Feb 17, 2019

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.

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