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Questions Answered by Adam Alexander
2 Answers | Asked in Small Claims for Michigan on
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
Adam Alexander
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

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1 Answer | Asked in Consumer Law for Michigan on
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
Adam Alexander
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

1 Answer | Asked in Small Claims for Michigan on
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
Adam Alexander
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...
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2 Answers | Asked in Collections for Michigan on
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
Adam Alexander
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.

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1 Answer | Asked in Contracts and Lemon Law for Michigan on
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
Adam Alexander
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.

1 Answer | Asked in Consumer Law, Identity Theft, Criminal Law and Libel & Slander for Michigan on
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
Adam Alexander
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?...
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1 Answer | Asked in Foreclosure for Michigan on
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
Adam Alexander
answered on Nov 12, 2023

There are multiple foreclosure defense lawyers in Michigan. I suggest you request a consultation to discuss your legal issue.

1 Answer | Asked in Consumer Law for Michigan on
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
Adam Alexander
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...
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1 Answer | Asked in Small Claims for Michigan on
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
Adam Alexander
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

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
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
Adam Alexander
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.

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Can an LLC keep you from forwarding their emails to a credit card company to settle a chargeback dispute?

...

Adam Alexander
Adam Alexander
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

1 Answer | Asked in Collections for Michigan on
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
Adam Alexander
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

1 Answer | Asked in Lemon Law for Michigan on
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
Adam Alexander
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...
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2 Answers | Asked in Collections for Michigan on
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
Adam Alexander
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

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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Michigan on
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
Adam Alexander
answered on Mar 23, 2023

I suggest you contact an auto warranty lawyer to review your issue on more detail.

1 Answer | Asked in Consumer Law for Michigan on
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
Adam Alexander
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...
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1 Answer | Asked in Banking and Business Law for Michigan on
Q: I owned a business, our bank without notices or court order froze our bank account, this closed the business immediately

The company was not behind on payments and not out of formula on credit line, I cannot talk to our loan officer and bank attorney will not provide any info

Adam Alexander
Adam Alexander
answered on Jan 10, 2023

Not a lot of detail in this question. A lawyer will need a lot more to provide you with your best legal options. However, my suggestion would be to immediately file a complaint with the CFPB. Your bank will have to respond, and this action may allow for a resolution. To the extent you later file a... View More

1 Answer | Asked in Collections and Gov & Administrative Law for Michigan on
Q: The state of Michigan PUA claims through their collections department that I owe them 21,840.00.

On March 1 2022 Judge Finch dismissed this claim. for the past 5 months this ruling is under legal review by PUA while their collections department is now threatening wage garnishment. I have tried without success to get this matter resolved. Collections refuses to stop harassing me. Shouldn't... View More

Adam Alexander
Adam Alexander
answered on Jul 20, 2022

Probably. Assuming the dismissal was with prejudice and you are no longer responsible for the alleged debt. I suggest you contact a debt defense lawyer to review your legal options.

2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... View More

Adam Alexander
Adam Alexander
answered on Jun 23, 2022

Yes, you can sue them in Small Claims here in Michigan. Once you do so, (if this is a legit company), they will remove the case to the general docket.

TCPA cases are complex. You may be able to recover $1,500 per call if the conduct was willful. Demonstrating willfulness is difficult...
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1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is it the manufacturers fault or the dealerships fault? Also should I hire and attorney and if so which type?

A recall (ECU software update) that came with an emissions warranty came out in 2019. I tried to have the recall done in 2019, dealership said they couldn't do it due to modifications made to the vehicle. In 2021 I went back to have the recall completed with same "modifications"... View More

Adam Alexander
Adam Alexander
answered on May 27, 2022

I suggest you hire a lawyer to address this matter. At the very least you should have an attorney send a demand letter to both the manufacturer and dealer.

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