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Michigan Collections Questions & Answers
2 Answers | Asked in Collections for Michigan on
Q: How many times a day are debt collectors legally allowed to call my home?
Trent Harris
Trent Harris
answered on Oct 18, 2018

There is no fixed limit, but a debt collector is not permitted to call you so often that it constitutes harassment. For more information, see here:

https://www.consumerfinance.gov/ask-cfpb/is-there-a-limit-to-how-many-times-a-debt-collector-can-call-me-en-1397/

As always, you get...
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2 Answers | Asked in Collections for Michigan on
Q: I've been ill and unable to pay my bills on time, and I get tons of harassing collection calls every day.

How do I make them stop?

Trent Harris
Trent Harris
answered on Oct 2, 2018

If a debt collector is calling you, you have a right under the Fair Debt Collection Procedures Act to request no contact. The request must be in writing. You can find more information about this here:... View More

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3 Answers | Asked in Collections for Michigan on
Q: My mother keeps receiving excessive collections calls and she doesn't speak English.

What can I do to make the calls stop for her?

Trent Harris
Trent Harris
answered on Sep 19, 2018

She can cite the Fair Debt Collections Procedures Act and ask for no further contact. This would work if the caller is a debt collector. If the caller is an original creditor, not a debt collector. they don’t have to obey the FDCPA. In that case a bankruptcy might be the only avenue. Here is some... View More

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3 Answers | Asked in Collections for Michigan on
Q: What's the quickest way for me to stop collections calls from happening? I'm sick of the harassment!
David Soble
PREMIUM
David Soble
answered on Sep 7, 2018

Well, the quickest way to stop harassment from collection agents is to cite the FDCPA {"Fair Debt Collection Practices Act") by saying, "pursuant to the FDCPA - stop calling my home, office etc." Continued violation of the Act subjects the collector to a law suits, damages,... View More

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1 Answer | Asked in Collections for Michigan on
Q: CAN I SEND A PERSON TO THE BUSINESS OF THE PERSON I AM SUING UNDER FALSE PRETENSES TO SERVE HIM THE PAPERS?
Trent Harris
Trent Harris
answered on Sep 12, 2018

No, you can't send a person to the business under false pretenses (for example, having the person pose as a customer, when they really aren't really there to shop but are there for another reason). But you can send the person to the business for the purpose of finding the person you are... View More

1 Answer | Asked in Criminal Law and Collections for Michigan on
Q: Hello, Q.1. Under Michigan Law is there any statute of limitation's on Dept. of Treasury to enforce collection after 30

I was released on parole in the State of Michigan over 30 years ago and I was unable to pay supervision fees, relocated and heard nothing significant on this issue. Over 30 years have passed and now i'm receiving notice and opportunity. I's there any limitation on this type of... View More

Thomas. R. Morris
Thomas. R. Morris
answered on May 16, 2018

This is from MCL 800.404: "The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care

of the prisoner during the entire period or periods the person is a prisoner in a state correctional facility. The

state may commence...
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2 Answers | Asked in Collections for Michigan on
Q: What happens if my deceased spouse’s medical bill reaches collection agency?
Thomas. R. Morris
Thomas. R. Morris
answered on Apr 10, 2018

Who is liable for the bill? If your deceased spouse was liable, his or her estate would be liable. If there is no estate, the question becomes whether someone else (such as you) guaranteed payment of the bill. If so, you may be liable.

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1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: How much can collection agencies add in fees/interest on top of an original principal balance owed?

I have a debt that was turned over to a collection agency. They added over $800 for Collection Cost. What governs how much they can add and how much I should really pay them?

Adam Alexander
Adam Alexander
answered on Mar 28, 2018

Generally the original contract will govern the potential collection costs. But State and Federal law may limit the collector. I would advise you to let a consumer protection lawyer review all relevant documents before you negotiate with this debt collector.

1 Answer | Asked in Consumer Law, Small Claims, Contracts and Collections for Michigan on
Q: I defaulted on an auto loan 5 years ago. Has been charged off and removed from credit report for 2 years.

Will they ever come take the vehicle.

Adam Alexander
Adam Alexander
answered on Mar 12, 2018

Depending on the year/make/model of the vehicle, they may or may not try to repossess it. However, keep in mind they don't have to repossess it to sue you or attempt to collect the debt. You are fortunate that it is not on your credit report. I suspect at some point a debt collector will be... View More

1 Answer | Asked in Collections for Michigan on
Q: is it legal for someone to buy a charged off account and try to collect on it?

I just received a summons for a credit account that was charged off in January of 2013. Someone has bought the account and now wants to sue me for it. Is this legal? Isn't there a time limit on when this can be done in Michigan? What do I do?

Adam Alexander
Adam Alexander
answered on Mar 7, 2018

Yes, debt collectors can sue you for charged off accounts. However, if you received a 1099-C (cancelation of debt), they should not be able to collect the entire balance. Regarding statute of limitations, it begins to run from the date of your last payment or the date of default, whichever is... View More

1 Answer | Asked in Collections for Michigan on
Q: I may have a court hearing on a debt collection. I suffer from Anxiety/Panic disorder, Do I have to show up?

I may have a court hearing on a debt collection. I suffer from Anxiety/Panic disorder, Do I have to show up? Is there any special circumstances in these cases? I would be a complete disruptance to the court room (unable to sit still, making noises, maybe shouting). I'd also be unable to answer... View More

Adam Alexander
Adam Alexander
answered on Mar 2, 2018

I suggest you hire a lawyer to represent you in court. If you do not have the finances to afford a lawyer, I would urge you to write a letter to the judge about your condition. The judge may be able to resolve this issue and permit you to "appear" over the phone or on a date when nobody... View More

1 Answer | Asked in Collections, Landlord - Tenant and Tax Law for Michigan on
Q: 2 roommates and I fell behind on our rent payments. The full amount owed shows on my credit report as Individual Account

What does this mean if I try to settle? Also, how does paying taxes on forgiven debt work when a debt is shared?

Adam Alexander
Adam Alexander
answered on Feb 22, 2018

If you co-signed the creditor/debt collector can collect from either of you or all of you. You all owe the entire debt - although if one pays it off entirely, the others no longer owe the debt.

If you try to settle the debt for less than the full balance, be sure to get it in writing that...
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1 Answer | Asked in Probate, Collections and Landlord - Tenant for Michigan on
Q: My mother passed away in early November of last year. She was in an assisted living apartment at the time.

We vacated the apartment the 25th of Nov and turned possession over to the assisted living facility at that time. My mother and I had a joint checking account, and I removed her name from the account after her death. The assisted living facility is now sending me invoices stating that our mother... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 18, 2018

Assuming you are right in that ONLY your mother signed the lease and you didn't guarantee it in any way, then yes, they could TRY to go after her estate, but if there was nothing in her name alone at the time of her passing, there are no estate assets for them to attach.

Look carefully...
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1 Answer | Asked in Banking, Civil Litigation and Collections for Michigan on
Q: husband is paying arrears faithfully. can bank account still be levied?
Adam Alexander
Adam Alexander
answered on Nov 29, 2017

Probably. I would need some additional information to accurately answer your question. I am assuming your husband had a repayment agreement with the creditor or debt collector after a judgment was entered in court. Most of the time, creditors will honor that payment plan and not take any... View More

1 Answer | Asked in Collections for Michigan on
Q: I have been served a request & writ for garnishment for myself and I have no idea how to do this paperwork.

I am a small business owner and an LLC. I'm not on payroll and do not have a regular draw set up. I take enough money to pay my mortgage and little else. When I take a draw it is $700. I have taken 8 draws this year. I have 3 employees on my payroll. The business is a Licensed Avon Beauty... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 6, 2017

I suggest that you consult with an attorney and take this conversation offline. I don’t have advise I would want to provide in a public forum.

2 Answers | Asked in Civil Litigation, Car Accidents and Collections for Michigan on
Q: My husband took my vehicle out for a ride without my permission...I didn't have any insurance at the time and now my wa

wages are being garnished! They aren't taking any money from him & he's working! Is this legal? How can this be fair??

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2017

As the vehicle's registered owner, you (and your insurance if you had any at the time) are responsible. Did you, or are you willing to, file a police report stating that your husband took your car without permission? That's about the only way you'll be off the hook here.

You...
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2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: I have a default judgment entered against me in Michigan for the amount of $15,864.61. What is the interest rate?

On the filing, the judgment interest accrued thus far is $557.17 and is based on the statutory rate of 12.9% is specified from 11/18/2012 to 02/26/2013

The default judgment was entered on 03/6/2013.

My question is the following: What is my current interest rate on this judgment?... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 10, 2017

See the following:

http://www.michigan.gov/treasury/0,4679,7-121-44402_44404-107013--,00.html

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2 Answers | Asked in Consumer Law, Contracts, Collections and Probate for Michigan on
Q: Recently I received a letter at my residence in Florida stating that my 3 siblings and I had money due to us.

after responding to it I was sent a contract and one sister was sent one as well.We signed these separate agreements which held that he would receive 33% of any money he collected. He then proceeded to open a probate case in MI. which among other things caused us to terminate the contract. The... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 24, 2017

It sounds like the estate and this potential lawsuit are based in Michigan. Thus you need to repose this question under the Michigan ask a lawyer section as Michigan law will control as to if the court there will have jurisdiction over you.

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1 Answer | Asked in Small Claims and Collections for Michigan on
Q: I recently got a judgement against me for a loan that someone gave me on their credit card

I suspect they may have filed bankruptcy and got rid of those charges. Would I have to pay him if he did that. I think he is going to put a lien on my property after the 21 days is up.

Adam Alexander
Adam Alexander
answered on Apr 29, 2017

Just so I understand, who is this "someone" who obtained a judgment against you? Is this "someone" the same person as "they" who may have filed bankruptcy?

Is this "someone" the same person as the "he" who is going to put a lien on your...
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1 Answer | Asked in Real Estate Law and Collections for Michigan on
Q: In Michigan after a judgement has been Made can I appeal? how long does the plaintiff have to wait to put a lien on my p

Property? do they have to wait 21 days before they can do that?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 28, 2017

You CAN appeal, but there must be a basis for that appeal. In other words, you can't just appeal 'because you think it is the wrong decision' you have to have a legal reason WHY the judge / jury came to the wrong conclusion. If you don't understand what that means, you REALLY... View More

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