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Questions Answered by Adam Alexander
1 Answer | Asked in Consumer Law for Michigan on
Q: summons for credit card debt from unifund i failed to pay capitol one its been 5 years now im 71 years old

have to respond to court by20 days to file writton answer i dont know what to do

Adam Alexander
Adam Alexander
answered on Mar 21, 2022

First of all, do not default. Whether you hire a lawyer or not, file something with the court within the 20 days.

If you actually owe some or all of this debt, it may be worth your time to call the lawyer for Unifund and see if you can make payment arrangements. If you do not owe the...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Michigan on
Q: How do I object to a writ of garnishment? I received a notice from my employer on 3/2/22 from a 4 year old judgment.

On 03/02 I got an email from work with a "writ of garnishment" dated 02/08/22.I was not properly served from the creditor. The writ states "plaintiff received judgement against defendant for $6,875 on Feb 01 2018. The plaintiff is Credit acceptance corp. However, I was never served... View More

Adam Alexander
Adam Alexander
answered on Mar 9, 2022

There is a form that allows you to object to garnishments. Just Google "objection to garnishment Michigan". However there are only 5 permitted objections and one "catch all" objection.

1. the funds or property are exempt (protected) from garnishment by law.

2....
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2 Answers | Asked in Banking for Michigan on
Q: Do we have grounds for bank violating trust / damaging our business?

My wife manages her therapy business finance at Bank X. Recently, she had a difficulty with a teller, and was short with teller. Teller, who was likely unhappy about altercation, immediately used confidential access she had to my wife's business practice to go to her Google Business page and... View More

Adam Alexander
Adam Alexander
answered on Feb 28, 2022

You could potentially sue for defamation. However the overwhelming majority of courts have found that reviews on sites like Google Business are "opinions" and protected free speech. Also, you would have to prove tangible damages, such as specific loss of business. Since the review has... View More

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1 Answer | Asked in Small Claims for Michigan on
Q: Private TRT Clinic: I paid $2,000 for treatment and the doctor disappeared.

I’ve been on TRT for 2 years with the same clinic. It’s a small clinic with one physician and one receptionist. My annual renewal just took place and I paid $2,000 upfront. I had some labs drawn and ordered medication. After that the physician disappeared. There is no one at the clinic to take... View More

Adam Alexander
Adam Alexander
answered on Nov 22, 2021

If you paid by credit card I suggest you consider challenging the charge before you file a lawsuit.

Also, I suggest you send a certified letter to the clinic disputing the charge and requesting an explanation. Again, before you file a lawsuit.

Without knowing more information, I do...
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2 Answers | Asked in Contracts, Small Claims and Real Estate Law for Michigan on
Q: Seller was suppose to make a repair before closing but failed to do so, can I take them to small claims court?

My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with... View More

Adam Alexander
Adam Alexander
answered on Oct 29, 2021

Initially, I suggest you write a letter to the seller and copy the agent. The letter should point out the defects and make a specific demand for reimbursement. After they ignore or reject your demand, you may then consider legal action. However, since you did not point out the defects during the... View More

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1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Vehicle under warranty but Chrysler cannot fix the problem due to discontinued part. what do i do?

Chrysler service has had my car for 9mo, & have been taking it in for over a year now. They've tried everything but the discontinued part, because it cannot be sourced. now they are just giving me my car back without doing a buy back or anything. I believe the car would be considered a... View More

Adam Alexander
Adam Alexander
answered on Jul 29, 2021

Knowing the year/make/model of your vehicle would be helpful.

The first thing you should do is send a final repair letter. Immediately. A lawyer can do that for you. However, Michigan’s Lemon Law, like most other States, requires the consumer to provide the auto manufacturer with one...
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1 Answer | Asked in Contracts and Banking for Michigan on
Q: Is it legal for someone to keep mail from me in this kind of circumstance?

I got a car with my grandpa as cosigner. He later got diagnosed having dementia. My uncle then became person in charge of his affairs, his financials included. My vehicle was repossessed for non payment of three months. I didnt receive any notices. I later found out notices had been sent to my... View More

Adam Alexander
Adam Alexander
answered on Feb 18, 2021

Were you supposed to make the monthly payments? It is not clear in your question.

Not a lot you can do to avoid this debt. Despite the lack of notice, you (or your grandpa) was required to make the payment. When the payment is not made, default occurs. The creditor can then proceed with...
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1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Is it safe to pay a debt collector in full?

This is the second debt collector I'm dealing with. The first debt collector i was dealing with couldn't provide all of the information i requested in my validation request letter, so they passed it to another debt collector. People keep telling me that paying a debt collector is a very... View More

Adam Alexander
Adam Alexander
answered on Jan 6, 2021

You are right to be wary. Some lawyers will give you a free consultation and review these validation letters and responses to see if you have a potential legal action. If your goal is to pay the debt and not be hounded by additional debt collectors I would advise you to consult with a FDCPA lawyer... View More

2 Answers | Asked in Consumer Law and Collections for Michigan on
Q: I've been contacted by a law firm to collect a debt i was unaware of until another debt collector threatened to sue me??

I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... View More

Adam Alexander
Adam Alexander
answered on Jan 5, 2021

You may have the makings of a potential Fair Debt Collection Practices Act lawsuit here. I suggest you contact a FDCPA lawyer and provide your letters and the responses you refer to. Review of these documents is necessary to provide you with meaningful legal advice. The very first collection... View More

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1 Answer | Asked in Collections for Michigan on
Q: SOL in michigan for a car repo in 2002? Sued and judgement against me was declared in 2004

I co-signed for a car for a boyfriend in 2000. Repoed in 2002 and know there hasn't been a single pmt made since then. I did receive a letter every few years about collections but ignored it as I couldn't pay it. Last week I get a paper from law firm saying the 4k is now 9k and notice... View More

Adam Alexander
Adam Alexander
answered on Dec 21, 2020

A 2004 Judgment may seem old, but creditors are permitted to "renew" a judgment. This is probably what happened in your case but you have to do some research and check the court record. Can they do this so many years later? Yes - probably. You need to get a copy of the "register of... View More

1 Answer | Asked in Contracts and Banking for Michigan on
Q: Can a bank cancel my gap insurance because they mess up on my loan?

apparently they do not offer gap insurance on the type/length of loan we have. But we sign paperwork stating they will cover it 2 months ago.

Adam Alexander
Adam Alexander
answered on Sep 23, 2020

There may be language in the GAP contract allowing them to back out. Obviously you should get your money back for the contract. If it was part of your finance contract, you may want to request a new breakdown of costs because the Truth in Lending Act requires them to provide perfectly accurate... View More

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Michigan on
Q: Can I sue this company under what tort?

I had a verbal agreement (recorded) with a pest control company to remove a wasp nest with ONLY a non residual contact aerosol pesticide which would be used to kill the wasps quickly in their nest then the nest would be put in a bag and pulled down. I was assured that the chemical used would not... View More

Adam Alexander
Adam Alexander
answered on Sep 1, 2020

You want to know if you have a meritorious case. A lawyer will require a lot more information to answer this question. The biggest problem with your potential case is the verbal contract. Your recording may or may not be admissible in court based on multiple factors. If it's not admissible,... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: Are we obligated to pay an invoice that is twice an estimate for work done?

Got some landscaping done, before work started requested and got a written estimate. Based on that we agreed to proceed. Work was done. Then we got an invoice for $3400. Twice the estimate. At no time during the work being done, which was over a few weeks, did we get any communication that the work... View More

Adam Alexander
Adam Alexander
answered on Aug 26, 2020

Assuming there was no language in the contract regarding the estimate (e.g. "this is just an estimate, you agree to pay for all work performed"), you seem to be correct. I would have to review all documents to provide you with a definitive opinion.

1 Answer | Asked in Small Claims for Michigan on
Q: In Michigan I am a co signer of a vehicle and I have all the receipts showing I paid for the car for 4 years.

The car is almost paid off and the primary owner will not reason with me.

Adam Alexander
Adam Alexander
answered on Aug 18, 2020

I suggest you try this again and add some detail to your question. For example, who is in possession of the vehicle? What outcome do you want? How are you damaged monetarily?

1 Answer | Asked in Consumer Law for Michigan on
Q: I have consumed meat with tapeworms from a major retailer, I am now seeking medical help, is compensation a possibility

I have pictures, email communication from retailer, and doct appointment for 6/22/2020

Adam Alexander
Adam Alexander
answered on Jun 22, 2020

You may be entitled to compensation, depending on the severity of your symptoms, the identity of the retailer and several other factors. I suggest you contact a lawyer directly to review your photos, communications and other evidence.

2 Answers | Asked in Banking, Collections and Social Security for Michigan on
Q: Is it legal for my savings acct. ( DIRECT DEP from soc sec) to be garnished by credit card company?? FACTS/background

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... View More

Adam Alexander
Adam Alexander
answered on Mar 9, 2020

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.

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1 Answer | Asked in Consumer Law for Michigan on
Q: You didn’t answer the question what is the statues on the issue?

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.

Adam Alexander
Adam Alexander
answered on Feb 28, 2020

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...
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2 Answers | Asked in Consumer Law for Michigan on
Q: Being garnished now by a collector that received the judgement in 2013 and failed to collect.

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... View More

Adam Alexander
Adam Alexander
answered on Feb 28, 2020

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... View More

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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... View 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.

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