Southfield, MI asked in Consumer Law and Collections for Michigan

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.

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2 Lawyer Answers

David Soble

  • Collections Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: You might want to consider the MICHIGAN OF FAIR DEBT COLLECTION ACT, MCL 339.915 which concerns multiple violations of the Michigan Occupation Code, and more specifically

MCL 339.918, entitled Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.

Adam Alexander

  • Consumer Law Lawyer
  • Southfield, MI
  • Licensed in Michigan

A: 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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