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Michigan Collections Questions & Answers

1 Answer | Asked in Collections and Health Care Law for Michigan on

Q: I'm being sued for medical bills. Asked for reduced offer & monthly payments was told no. What can I do?

I sent a letter requesting a reduced settlement amount and monthly payments to settle the debt. I was told they would not do payments that it had to be one lump sum and I can't afford that. I've received the subpoena from the court and have no idea what to do to get this resolved as I can't afford... Read more »

Adam Alexander answered on Apr 10, 2019

You have a few options. Have you considered bankruptcy? If you significant unsecured (credit cards, collection accounts) debt, I suggest you consult with a bankruptcy lawyer.

Do you deny the debt or can you object to the amount of the alleged balance? If so, you can fight. Hiring a lawyer...
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2 Answers | Asked in Civil Litigation and Collections for Michigan on

Q: I am sued in small claims and I have questions about the paperwork that I received from the plaintiff's attorney.

I received a request for admissions and interrogations dated 3/25/19 from the plaintiff's attorney wanting a response within 28 days. We go to court 4/15/19. Do I respond or do I wait for court?

Also. The invoice they attached to the complaint is different from the other invoices I received... Read more »

Trent Harris answered on Mar 30, 2019

Something doesn’t add up here. If you are in small claims, an attorney wouldn’t be involved. If you are getting requests to admit and interrogatories from an attorney in Michigan, then: (a) you are in Circuit Court, or (b) you are in District Court and the judge has allowed discovery.... Read more »

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2 Answers | Asked in Collections for Michigan on

Q: What happens if I don't pay some medical bills I can't afford? Can I just ignore them?

I have a lot of medical bills and more coming. I am going to be paying on one that was sent to collections for the next 17 years. I was told I don't have to pay them. That they can't take me to court, it won't affect our credit rating and they can't garnish my wages. Is this true?

Trent Harris answered on Mar 11, 2019

Medical bills are unsecured debt. If they are not paid, you can be sued and a judgment can be entered against you. A judgment creditor has a number of remedies, including garnishing wages, tax refunds and bank accounts, seizing property, putting liens on real property you own, and requiring you to... Read more »

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1 Answer | Asked in Collections, Gov & Administrative Law and Municipal Law for Michigan on

Q: My exhusband contacted our town government office and had my water/sewage bill switched to his name without me knowing.

The bill is a three month cycle so I hadn’t noticed that I didn’t receive two bills, the bill is now 800$ past due. Is it legal for them to let him do this without authorizing with me or without him ever being on the lease?

Trent Harris answered on Mar 8, 2019

What your ex-husband did doesn't sound right. A person who isn't on a lease for property, or an owner, generally shouldn't be able to change the name on the account. Have you talked to the town about getting it fixed?

Despite the bill being in his name, you may still owe the money if you...
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1 Answer | Asked in Civil Litigation and Collections for Michigan on

Q: I received a letter from an attorney stating I am being sued by a debt collector, but I have not yet been served.

How do I find out the name of the court the suit has been filed in, along with the date and time of the hearing?

Trent Harris answered on Mar 1, 2019

If the suit was filed properly in state court, it should be filed in the county in which you live. Call the district court and the circuit court for your county, and ask if a lawsuit has been filed against your name. Or, if the county where you live has an online site where you can search court... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on

Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection company is... Read more »

Trent Harris answered on Feb 22, 2019

No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.

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2 Answers | Asked in Consumer Law and Collections for Michigan on

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.

David Soble answered on Feb 17, 2019

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;...
Read more »

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2 Answers | Asked in Collections for Michigan on

Q: How do I get back an engament ring I thing it has been pond

Trent Harris answered on Feb 3, 2019

An engagement ring in a pond may be located using a metal detector. Or an engagement ring in a pawn shop might be reclaimed with proof of being the rightful owner. If you think it’s stolen, you could file a police report.

As always, you get what you pay for. Be sure to talk to a...
Read more »

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2 Answers | Asked in Collections for Michigan on

Q: Can I get someone to collect on a loan if it was just a verbal agreement?

Thomas. R. Morris answered on Dec 14, 2018

A loan generally does not need to be in writing to be enforceable under Michigan law.

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1 Answer | Asked in Family Law, Collections and Juvenile Law for Michigan on

Q: Can you be charged for a lawyer that you never used, hired, talked to or had a meeting with?

When I was 13 I was falsely accused of hitting a swan with a 2×4 board. DNR took it to get X-rays done and nothing was wrong with it. I finally received my papers saying I had to go in front of the referee. When I went my mom repersented me in court and the referee told me if I completed my... Read more »

Trent Harris answered on Dec 13, 2018

Since you were a minor, your mother controlled your defense. It’s possible you were appointed a lawyer by the court and your mother talked to the lawyer without your knowledge. Nevertheless, the court believes the lawyer fee was part of your verdict/judgment, and that’s probably written in the... Read more »

1 Answer | Asked in Collections for Michigan on

Q: I paid off a bill directly with the hospital, but their collection agency keeps calling me - can I take them to court?

Trent Harris answered on Nov 30, 2018

Maybe. You would want to make sure that the hospital has had a chance to tell the collection agency that your bill has been paid (this could take a couple business days). Also, you would want to make sure that the bill the collection agency is calling you about is the same one that you paid off.... Read more »

1 Answer | Asked in Collections for Michigan on

Q: How far back can a collector collect a debt - if it's over 10 years old can they still go after me?

Trent Harris answered on Nov 16, 2018

Technically, they can collect at any time. But if it’s been more than 6 years, then you would have an affirmative defense against the creditor’s claim: statute of limitations. While creditors are not precluded from filing suits that might be defeated by an affirmative defense, most reputable... Read more »

2 Answers | Asked in Collections for Michigan on

Q: A joint bank account associated with my SSN has been frozen due to an attempt to collect a debt. All of the monies in

the account are not mine. The deposits are direct deposits from his employer. Do I have to prove all transactions associated with the account are not mine or just the contributions made to the account?

Thomas. R. Morris answered on Oct 30, 2018

Michigan law permits you (or the owner of the funds) to establish ownership. See Danielson v. Lazoski, 209 Mich App 623 (1995). Someone needs to act quickly to object to the garnishment or otherwise assert rights as to the funds. You should consult with an attorney.

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2 Answers | Asked in Car Accidents and Collections for Michigan on

Q: How do I respond to Subrogation letter regarding auto/tractor accident in no-fault state?

My dad was on his tractor and pulled out into the street at the same time that our neighbor came down the road in his truck. The neighbor moved to avoid the tractor and side swiped my parent's mailbox. Crash report states no damage. My parents paid the neighbors $500 deductible. Now a year later my... Read more »

Trent Harris answered on Oct 26, 2018

You should find a local attorney specializing in no-fault insurance claims and speak to them.

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2 Answers | Asked in Collections for Michigan on

Q: I am being sued, can I use financial hardship to cash out annuity to satisfy this debt

Trent Harris answered on Oct 23, 2018

Hard to say. It depends on the langauge of your annuity contract, and without having read it, no one can say. Also, the fact you are being sued doesn't mean you owe a judgment yet. It'd be best for you to take your annuity contract in to a lawyer to have them review it, and they could advise you.... Read more »

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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 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...
Read more »

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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 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:... Read 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 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... Read 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 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 suing, and... Read more »

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 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, fines and attorney... Read more »

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