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 have 14... Read more »
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.
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.
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 your question... Read more »
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 »
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 »
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
Why do you feel this is a bad loan?
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 "Garnishment on 4/13/2017 is withdrawn on 10/31/2019.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 »
I am wondering why the 4/13/17 garnishment was withdrawn and further withholdings discontinued?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.
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
"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?
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 »
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.
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 »
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 »
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
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 »
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 »
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.
My cieling is falling in carpet coming up doors have fallen off the hinges leaks in plumbing electrical problems just to name a few
Is your home habitable? I suggest you obtain an estimate to repair what the contractor failed or refused to repair. Then, seek legal counsel.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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?
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 »
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.
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