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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Michigan on
Q: Do you believe this situation is worth pursuing from a legal & financial perspective? Is there precedent for this?

Hello & I appreciate your time & expertise.

I took my car to my Ins. Co.’s recommended Collisions Shop.While in for a complete tear down quote, the Shop caused additional damage to my car. They submitted a final quote to my Ins. Co. - which includes the cost to repair their... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 29, 2022

Probably not. Look, insurance is a business. It is probably not worth their while to fully investigate what might have happened, especially when clearly, the insurance company is paying a claim anyway, just to save a few bucks.

It is pre-arranged; insurance companies are most collision...
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2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 23, 2022

I think you're right that you can sue them. I would try consulting a consumer rights attorney before trying it on my own. And I would plan to go ahead and sue in the general civil division (district court), not small claims. In small claims, neither party can have an attorney, and a business... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is it the manufacturers fault or the dealerships fault? Also should I hire and attorney and if so which type?

A recall (ECU software update) that came with an emissions warranty came out in 2019. I tried to have the recall done in 2019, dealership said they couldn't do it due to modifications made to the vehicle. In 2021 I went back to have the recall completed with same "modifications"... Read more »

Adam Alexander
Adam Alexander
answered on May 27, 2022

I suggest you hire a lawyer to address this matter. At the very least you should have an attorney send a demand letter to both the manufacturer and dealer.

1 Answer | Asked in Consumer Law for Michigan on
Q: Is it legal for a power company from another state to demand payment from my friend?

It turns out her ex’s power bill is still in her name (they used to live together), and his late payments have been affecting her credit score. He lives in Indiana, while she is in Michigan. Today she called the company to get her name off of the bill, but now they’re demanding she pay for the... Read more »

Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Yes, it's legal for them to demand payment from her. Her name is on the bill, so it's her they will look to for payment; doesn't matter who actually lives there.

Your only possible recourse would be against the ex; but I assume there was a reason why the bill wasn't in...
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1 Answer | Asked in Consumer Law and Civil Litigation for Michigan on
Q: Should I deny the complaints in the summons and complaint I received for an old debt even if I know the debt was mine?

I was served in regards to an old debt. The debt is mine, but I'm unsure if the amount is correct as I paid part of it in the past. Most of what I've read says to deny the complaints just to make them prove its actually mine and that the amount is correct. Is this a good idea? Solosuit... Read more »

Adam Alexander
Adam Alexander
answered on Apr 27, 2022

You just posted on line that "the debt is mine". Be careful now denying to the court that the debt is yours.

Depending on the amount of money the debt collector is suing you for, you should consider hiring a lawyer.

There are legal defenses available to you that you may...
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1 Answer | Asked in Consumer Law for Michigan on
Q: I bought something online through a website. I was told that I would be able to get a refund if need be.

She has scammed others and I have the proof online from reviews. I just want my money back and she’s refusing to give it to me like she promised. She asked me to stop emailing her and got mad when I said I’d have to involve the authorities.

Evan Ficaj
Evan Ficaj
answered on Apr 20, 2022

Save all communications or documentation, especially where she said she would provide a refund. Also, save all receipts, contracts, and terms & conditions. If this is on her website, try saving the site as a .pdf with the URL and timestamp in the header or footer. Then, if you paid with a... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: if iget a house from adverse possention do i hav to pay the loan off
Brent T. Geers
Brent T. Geers
answered on Mar 28, 2022

First, you should consult a lawyer to ascertain what rights exactly you have now. Adverse possession is complex. But otherwise, if there is a mortgage, that's a lien on the property regardless of who is the rightful owner. If you are the now rightful owner, you just bought yourself a debt you... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: statue of limitations in michigan credit card debt
Brent T. Geers
Brent T. Geers
answered on Mar 25, 2022

Off hand, I believe it's 6 years from the date of last payment or activity. That is not to be confused for when a default judgment has been obtained, which would be good for 10 years and subject to renewal.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Michigan on
Q: How to get your title back from a bail bonds men?

Son got in trouble on July 20 2018 they did not have enough cash for bond so they gave title of a 2001 dodge ram 1500 to bonds men they bailed him out. Nov. 2018 son was sentenced for 3 years in prison, son got paroled to my house on Nov. 2021, end of Feb. Son decided to sell truck couldn't... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2022

Apply for lost title with the secretary of state.

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...
Read more »

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... Read 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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1 Answer | Asked in Consumer Law for Michigan on
Q: I was at a Walmart in Michigan and the cashier dropped a gallon of water on Mt foot, never even asked if I was alright

The cashier just kept ringing up groceries like nothing happened. My foot still hurts and has a bruise

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

What was the store manager's response when you promptly reported this?

2 Answers | Asked in Gov & Administrative Law, Consumer Law, Business Law and Constitutional Law for Michigan on
Q: How can the government claim ownership of confederate gold when it was abandoned or intentionaly hidden by confederacy

If the president of the Confederate Treasure left the gold intentionally would that not legally invoke the finders keepers laws? Who initially owned the confederate gold?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 11, 2022

The federal Confiscation Act of 1862 would apply to gold owned by the Confederate States of America (which the Act did not recognize as an entity), with the result that the United States would own the gold. This is a hypothetical question because the CSA government probably held no gold at the... Read more »

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1 Answer | Asked in Consumer Law, Civil Rights, Identity Theft and Internet Law for Michigan on
Q: Can I sue tiktok to get a fake account taken down that someone opened up in my name and took one of my videos and put on

Fake account and I know who did it. I also feel this guy is scouting minors for trafficking I have emailed them over a dozen times n reported his account with no luck since 12/31/21. Not sure what else to do??

Brent T. Geers
Brent T. Geers
answered on Jan 22, 2022

I'm not sure how TikTok would be liable to you. Most social media companies, in that finely printed terms and conditions no one reads when they sign up for an account, say basically "we're just a platform and not responsible for the content users upload".

If you know...
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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Michigan on
Q: We bought custom furniture in April 2021. It was delivered October 19,2021. Within a week we notice a squeaky noise

Repair service came out and agreed there was a problem. Supposedly they order a part. Nothing has been done as of January 17, 2022. Can we demand a refund?

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Jan 17, 2022

Likely depends on the purchase agreement, company policy, as well as the status of the part that was ordered. Demanding a refund and getting a refund are two different things, and being custom furniture, your question requires a much deeper than typical contract analysis to get a closer answer.... Read more »

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Michigan on
Q: I was emotionally harassed by an advisor for sending emails and asking too many questions.

I was looking for options I can have to change my minor. But during the advising meeting I was denied to ask questions and they said they do not care what I choose. I was denied to ask any further questions on the topic and was insulting experience for not knowing what to do even as an... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2022

What is your question? It sounds like your best course of action would be to address this issue with your university. Perhaps to the head academic advisor or to a dean of students. Many universities also have departments and deans specific to international students.

1 Answer | Asked in Consumer Law for Michigan on
Q: Do I have a chance of getting my money back?

My kids was evicted from a hotel. Came to the room once then police showed up 10 minutes later they charged me $200 for inconvenience. There was no warning or altercation they didn’t even ask them to leave just be quiet.

Brent T. Geers
Brent T. Geers
answered on Dec 31, 2021

Unlikely. Did you pay by credit card? You could try disputing the charge with your credit card company.

1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
Q: can i get advice about a husband who stopped paying bills to ruin my credit because his name is not on anythhing

he always had bad credit so we put everything in my name and the last couple years he became selfish and has stopped paying for things in my name and i am a stay at home mother he has always told me doesnt want me to work but i feel i dont have another option and i will be divorcing him i dont... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2021

Sounds like you are on the right path. You'll need to settle this through the divorce process.

1 Answer | Asked in Civil Rights, Consumer Law, Products Liability and Banking for Michigan on
Q: Is there any legal action I can take against him?

I opened a bank account and was going to have my boyfriend added as a joint account. We got the paperwork filled out and went to go process it but it didn't process because he is in collections with his separate bank. We were told he needed to pay that debt of 1st before he could be added.... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2021

Do he clear up the debt with the other bank first? I would contact the bank, then the police to file a report.

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