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Michigan Collections Questions & Answers
1 Answer | Asked in Collections for Michigan on
Q: A lawyer took over my medical bill collection from 2007. Can they keep garnishing my tax return after 10 years?

They also send me paperwork 4 months after filing with the courts

Robert Keyes
Robert Keyes
answered on Nov 15, 2024

Yes. Debts can be renewed every 10 years. I always advise MI clients to not file MI tax returns if they are getting a refund since the state doesn’t care if there is no filing if there is a refund due.

Not sure what you mean about “they”sending you paperwork after filing. After what...
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0 Answers | Asked in Collections for Michigan on
Q: I have credit card collection that have court papers to garnish my paycheck and my state tax refund

Credit card collection has been over seven years

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

Joel Gary Selik
Joel Gary Selik
answered on Aug 31, 2024

There is no requirement to have the person serve signed. It is enough to hand the summons to the servee. ▪

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2 Answers | Asked in Contracts, Collections and Small Claims for Michigan on
Q: My ex thegirlfriend two years ago gave me money from what she told me was her savings account to get my car fixed $3000

Total $3000 turns out the money I believed to be her personal funds was actually a personal loan from the bank that she did not disclose. Now two years later the loan was paid back and she’s insisting I pay her back. Nothing is in writing and my name was not listed as a borrower nor did we... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 27, 2024

If you agreed to pay her back, then you owe her the money and she might be able to sue to get a judgment.

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1 Answer | Asked in Collections for Michigan on
Q: How to win against a debt collection lawyer for a debt that I have already disputed?

My employer received a garnishment against me. I have already disputed this debt with the credit bureaus and had it removed and spoke with the collection agency and argued it is not my debt. I was on a lease with my mom and her boyfriend, because I was over the age of 16 I had to be listed on the... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2024

Your issue isn't with the credit bureaus - they only report accurate information. Your issue is that there is likely an underlying default judgment out there in some court with your name on it. What you probably need to do is find out what court that judgment is from and file a motion to set... View More

2 Answers | Asked in Collections for Michigan on
Q: Good morning I was served a summons for being sued how do I respond?

A few months ago I sent out Settlement letters to original account holder with no response and now this?

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2024

Your next step is to file an answer with the court and the party suing you. The only settlement that matters is what both parties agree to.

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1 Answer | Asked in Insurance Bad Faith and Collections for Michigan on
Q: Can I sue my insurance companies for neglecting to pay and emotional distress?

Due to my medical insurance companies having differing policies on which insurance provider became my primary insurance, I had a series of medical bills go into collections and become a lawsuit due to non-payment. After the court ruled against me, Garnishment was taken from me. Later on, they then... View More

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

A Michigan attorney could advise best, but your question remains open for a week. That sounds like it would be a tough case. You could be confronted with the question of what mitigating steps you took to negotiate or defend the matter before it ultimately made its way to garnishment. You could... View More

1 Answer | Asked in Collections for Michigan on
Q: Garnishment was taken from me but then cancelled and retracted, who do I contact to get my money back?
Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

You'll need to contact the creditor - whomever was to receive the garnishment.

1 Answer | Asked in Collections for Michigan on
Q: What do I do about a debt from 2011. My taxes this year were taken for the debt. I called the attorney it was from Allen

Park fire dept. I have never been told about this debt, I would assume my insurance, medicaid, would have paid for it. So supposedly I was served, which I wasn't, because the house that they supposedly served me at has been torn down before 2011. So my question is what do I do about this... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

You may have a service issue as well as a statute of limitations issue to raise in your defense. Contact a local attorney to advise.

2 Answers | Asked in Collections and Tax Law for Michigan on
Q: A collection agency has court ordered my husband to hand in his tax returns for the last 2 years. They are joint returns

I don't want anybody to see my tax returns since it's a joint tax return do we have to show them?

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 20, 2024

A collection agency did no such thing. The creditor to whom your husband owes money obtained a court order requiring your husband to turn over tax records. Unfortunately for you, you have no say in the matter because these are joint tax returns. The creditor has every right to the records.

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1 Answer | Asked in Real Estate Law and Collections for Michigan on
Q: what is the allowable interest that my michigan condo association charge on late once a year payment hoa fee?
Kenneth V Zichi
Kenneth V Zichi
answered on Apr 19, 2024

Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.

What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?

Condos are a rather strange animal especially when so many people...
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1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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1 Answer | Asked in Collections for Michigan on
Q: Can creditors get together to request a collective Debtors Exam? Can they subpoena more than one person or LLC at once?

There is a group of people with 9 judgments, that total several million dollars, and name either the husband or wife and/or one of three LLC's they operate. They are spread over four counties and three courts. No one in the group has received any payment on the judgments whatsoever yet, the... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 5, 2023

There is no rule of law restricting creditors from cooperating in their collection efforts. These creditors would benefit from an attorney with experience in collections and bankruptcy.

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

2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: I have roughly 100,000 equity in my house am in disability and have about 20,000 of debt I am having an issue paying

Comb of 3 cc and left over debt from repo car. What are my options I can’t get a home equity loan as I don’t make enough.

Ralph Reisinger
Ralph Reisinger
answered on Jun 19, 2023

It depends on your home value. If the home is worth 200,000 the combination of the State Exemption $69,200 and the liquidation cost of $20,000 would reduce the required payoff to around $10,000. If the house is worth more, the amount you would have to pay in would be less because the liquidation... View More

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1 Answer | Asked in Divorce and Collections for Michigan on
Q: My fiance (from michigan) was served papers in the mail by collectors saying he hasn't been paying back a loan

So what we have discovered is his ex-wife (divorced in 2018) took out a loan of $30,000 in his name and got him to sign the papers. She just told him to sign the papers. He didn't check what he was signing (I've told him how stupid he is) and she co-signed the loan. However, she... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2023

First, make sure the papers are not ignored (obviously you are not ignoring them as you posted this question). Make sure a proper response is served and filed with the court in the time required.

Although he may be responsible for the debt, he has a counter-claim against the ex for the...
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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 Estate Planning, Collections and Probate for Michigan on
Q: My mother passed in Sept of 2021, in April 2023 a medical bill came for services in June 2020. Do we pay it?

A death notice was posted in the paper and since it was over a year I thought their claim to any estate was over.

Trent Harris
Trent Harris
answered on Apr 18, 2023

It depends what you mean by "death notice" in a paper. If you mean an obituary, that is not enough. On the other hand, if by "death notice was posted in the paper" you mean a notice to creditors was published in the newspaper by a personal representative under MCL 700.3801 or a... View More

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