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Michigan Collections Questions & Answers
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.

2 Answers | Asked in Bankruptcy, Consumer Law, Banking and Collections for Michigan on
Q: What type of lawyer do I need for my issue?

So the situation is I have a credit card that I got behind on and was being bombarded with 2-3 calls a day on average totaling way more than the reasonable amount allowed. Everytime I would try and awnser to request they stop I would get dead air then disconnected leading me to believe they are... View More

James L. Arrasmith
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answered on Sep 8, 2023

You may consider reaching out to an attorney who focuses on consumer rights or consumer protection law to handle this matter. They can assist in assessing whether the collection practices violate the Rosenthal Fair Debt Collection Practices Act or the Telephone Consumer Protection Act, and help you... View More

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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

2 Answers | Asked in Libel & Slander and Collections for Michigan on
Q: Is it legal for someone to slander and harass you if you owe them money?

Also what if the defendant tries to settle out of court but plaintiff refuses.

Brent T. Geers
Brent T. Geers
answered on Oct 14, 2022

Depends on what you mean by "slander" and "harass", both of which have legal standards and definitions that may differ from what you interpret those words to mean.

There is no obligation to settle out of court. Courts exist for when people disagree.

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1 Answer | Asked in Collections for Michigan on
Q: Hello how do I remove a court record for a judgement that had been satisfied?
Brent T. Geers
Brent T. Geers
answered on Aug 5, 2022

Ordinarily, the person collecting should file a satisfaction of judgment with the court; the judgment itself is not removed from the court record.

2 Answers | Asked in Collections for Michigan on
Q: Does my sister (a senior) have to pay her recently deceased husband’s medical bills?
Brent T. Geers
Brent T. Geers
answered on Jul 20, 2022

Likely not, but his estate might.

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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.

1 Answer | Asked in Collections, Contracts and Probate for Michigan on
Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 21, 2022

If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your...
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1 Answer | Asked in Contracts and Collections for Michigan on
Q: Can I request a modification of subpoena that was sent to my former credit union?

I am being sued for a loan that I signed for but never received funds. The original creditor had supposedly given the funds to a doctors office for a surgery I had scheduled. The doctors office claims they didn’t receive it. I tried to get this resolved without success. Now 3 years later I am... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2022

Your question presents two issues: 1) is a possible defense to the suit itself, and 2) the scope of the subpoena / discovery.

You're probably not going to win on the bank statement issue, and quite frankly, that's probably not where your focus needs to be on. You should retain an...
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1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Michigan on
Q: What can i do if my former apartment forwards a false debt to a collection company?

My former apartment claimed that we did not give notice before moving out, and forwarded a $1700 debt to a collections agency, though we did give notice. Aside from the fact that we did give notice (we got the form from the management office), it says NOTHING about a charge for not giving notice in... View More

Adam Alexander
Adam Alexander
answered on Apr 13, 2022

I suggest you first send a certified letter, both to the apartment and to the debt collector. The letter should clearly deny the alleged debt and explain in detail why you don't owe the debt. Importantly, the letter should also request how they calculated the $1,700 and what clause in the... View More

1 Answer | Asked in Collections for Michigan on
Q: Can a medical debt that was sent to collections in error be reversed?

Our adult son has a medical bill that was put on hold until a discount was discussed. He is self-pay. He never received a call from the person to negotiate and the bill was sent to collections.

Adam Alexander
Adam Alexander
answered on Apr 11, 2022

I assume a debt collector has called you or sent you a dunning letter. If you received a letter, I suggest you dispute that letter in writing. Send a dispute letter by certified mail to the debt collector with as much detail as possible.

Keep in mind the time period before unpaid medical...
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2 Answers | Asked in Collections for Michigan on
Q: I had someone call me for collection of under $200.00 from Sprint from 2003 is this legal?
Brent T. Geers
Brent T. Geers
answered on Feb 19, 2022

Probably. It's likely a collection agency that purchased the debt. You may have a statute of limitations claim.

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1 Answer | Asked in Civil Litigation and Collections for Michigan on
Q: If a lien if placed on my home, am I able to make payments towards or payoff the lien without selling the property?

Nothing has occurred yet, but I have gotten myself into a tough situation and am making sure I'm informed on the potential consequences.

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2022

Yes, generally you can pay off the lien. Whether you can make payments will depend on the creditor.

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