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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Collections for Michigan on
Q: Hi Sir.,My wife and I signed a auto loan contract in 2013 With a company called Santander.We feel this a bad loan.Since

Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00

Adam Alexander
Adam Alexander answered on Jan 14, 2020

Why do you feel this is a bad loan?

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered this 2... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

1 Answer | Asked in Consumer Law for Michigan on
Q: A contractor was paid 147k to repair my home after a fire it is literally falling apart he refuses to return

My cieling is falling in carpet coming up doors have fallen off the hinges leaks in plumbing electrical problems just to name a few

Adam Alexander
Adam Alexander answered on Oct 14, 2019

Is your home habitable? I suggest you obtain an estimate to repair what the contractor failed or refused to repair. Then, seek legal counsel.

1 Answer | Asked in Real Estate Law, Consumer Law and Landlord - Tenant for Michigan on
Q: Who do I talk to about a realastate agency suing me, for properties they never fixed, while I lived there?

All Pro, the company I rented from for 7 years, never fixed anything that would break down. I moved from their in August, waiting and thinking I'd get some of my deposite back. Now that the home needs painting and carpet, they want me to pay for it, after I've already replaced many things like... Read more »

Trent Harris
Trent Harris answered on Oct 10, 2019

You would want to talk to a civil litigation attorney who is experienced in landlord tenant and collection defense. Or, you might consider filing bankruptcy, since it might be cheaper than defending the suit.

As to the merits of your case, you would probably need to have good proof that the...
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1 Answer | Asked in Consumer Law for Michigan on
Q: Married woman resident of Missouri try to check in local motel against Missouri law?

Married couple with three kids resident could not check in because of prostitution law

Trent Harris
Trent Harris answered on Oct 7, 2019

This discussion board is for consumer law in the state of Michigan, under Michigan law. Your question is about Missouri, and should be answered by someone who is licensed as an attorney in Missouri for Missouri law. I recommend you re-post your question to a discussion board for Missouri law.... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Bought service for $3200 that ended up being a total deception from what the salesman said it'd be. What can I do?

They're located in Renton Washington.

Mike Winters CEO & sales

They use very deceptive techniques to capture people's money. They do nothing it sounded like they were going to do and used deception to lead you to believe you're going to make a LOT of money, quickly too. Neither... Read more »

Trent Harris
Trent Harris answered on Jul 31, 2019

Get rich quick schemes are usually too good to be true. The old adage applies: buyer beware. It's difficult to answer your question without more detailed information. By generally, a contract can be voided for fraud or misrepresentation in the making of the contract. Whether that applies to your... Read more »

1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
Q: Can Amazon be sued for identity theft? I keep getting rejections from Chase bank for Amazon credit I never applied for.

For the last few years, it's been a nightmare removing the negative inquiries from my credit report. Both Chase and Amazon blame each other. Chase claims they only get their applications electronically, directly from inside Amazon and must process them. Amazon claims there has not been a... Read more »

Adam Alexander
Adam Alexander answered on Jun 25, 2019

Have you completed an identity theft report and affidavit? If not, I suggest you do so. You can find one on the Federal Trade Commission website. You should also file a police report.

After you've done this, I suggest you send dispute letters to all three credit bureaus and enclosed the...
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1 Answer | Asked in Consumer Law for Michigan on
Q: Looking for a lawyer interested in taking on a pro bono case to defend against lawsuit from Ford, any suggestions?

My son's leased truck was repossessed a few months ago for two missed payments. Ford was unwilling to let my son make the payments and stood firm on the repossession. They have since sold the truck and are suing my son for $8000, the difference between what they say is the value of the truck and... Read more »

Trent Harris
Trent Harris answered on May 14, 2019

In short, yes. An automobile lessor can sue for a deficiency judgment under the lease. If it's in the contract, then that money can be collected in court. If your son wishes to contest the lawsuit, he would need to be able to articulate why he shouldn't be liable to the lessor. Does he have any... Read more »

1 Answer | Asked in Constitutional Law, Consumer Law, Criminal Law and Real Estate Law for Michigan on
Q: Is it illegal for an agent to cash a money order deposit if we have not gotten an approval or keys to the house?

My husband and I met a Realitor who helped us find a house. We gave her a deposit and app fee. We never heard back from the Agent with an approval or denial. We found out that the money order was cashed, and we still have not received keys, approval, or a denial. Is this illegal? Do we have a... Read more »

Trent Harris
Trent Harris answered on May 2, 2019

It sounds like you're talking about a Realtor who helped you to find a rental home, as opposed to buying. It may not be illegal for the Realtor to cash the check. The Realtor, whether an agent for the landlord or for you, holds the funds in escrow/trust. But if you have not been approved for the... Read more »

1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
Q: I need a lawyer that deals with identity theft issues. Anyone know of someone in Michigan?

Someone created a paypal account using my SSN. Paypal never alerted me to this. They are rude and are still allowing this person to perform transactions under me even after me telling them it is not me. They never investigated this. Been going on since last Oct. 2018

Has this affected your... Read more »

Adam Alexander
Adam Alexander answered on Apr 29, 2019

Has this affected your credit? Are you getting collection letter or responsible for any debt?

2 Answers | Asked in Consumer Law, Divorce and Real Estate Law for Michigan on
Q: Ex wife did not refinance loan for house from divorce and mortgage just increased $10,000 w/o my sig. Is this legal

Ex-wife won the house and all debt associated in the divorce but there wasn't a timeline to refinance written in the agreement. I know she has been able to defer payments/remodify without my signature but this last Jan/Feb the loan balance increased by $10,000 and she bought a brand new camper.... Read more »

Trent Harris
Trent Harris answered on Apr 22, 2019

The divorce decree is binding between you and your ex-spouse, and isn’t binding on the mortgage company. So they have the right to continue reporting the loan as yours, until it’s paid in full. That’s the first part.

But the second part is whether the loan documents you signed...
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1 Answer | Asked in Business Law, Consumer Law, Contracts and Juvenile Law for Michigan on
Q: Has the law been altered as of 2019?

I’m 15 and a tattoo artist told me that it’s the law that I have to be 16 to get a tattoo in Michigan.

Trent Harris
Trent Harris answered on Apr 13, 2019

There isn’t an age minimum, but if you’re a minor you’ll need your parent to come with you to the tattoo shop and give permission.

Here is a link to Michigan’s law on tattooing minors....
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1 Answer | Asked in Consumer Law for Michigan on
Q: I had a Providian credit card when I was eighteen.

They have taken money out of my paycheck and have taken at least six years of my income taxes. How can they take that much money on a card that only had a five hundred dollar credit limit I have paid thousands, this has gone on for eighteen years. Is there anything I can do to stop this

Trent Harris
Trent Harris answered on Mar 21, 2019

It’s likely that your credit card had a high interest rate, and judgment interest has continued to accrue while the judgment remained unpaid. The maximum judgment interest rate in Michigan is 13%, so that would cause your unpaid judgment to double every 5.5 years. A judgment is good for 10 years... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Michigan on
Q: What do you do if you are sold a new 2019 vehicle that is defected and it's not fixable? What should we expect next?

Out of curiosity after we bought it, I looked online to see if their photos had the defect before we bought it and I noticed it in their pictures, sadly, we were not notified of it and we did not notice it until later that same day. The defect is the drivers side sliding door that will not close... Read more »

Adam Alexander
Adam Alexander answered on Mar 16, 2019

Michigan's Lemon has strict requirements regarding the number of repairs required to qualify as a "Lemon":

It shall be presumed that a reasonable number of attempts have been undertaken to repair a defect or condition if 1 of the following occurs:

a) The same defect or condition...
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2 Answers | Asked in Consumer Law and Lemon Law for Michigan on
Q: Can a used car lot deny a potential buyer the right to have a vehicle inspected by an independent party?

Interested in a particular vehicle at a used car lot but was told I will not be allowed to take the vehicle to another mechanic's location to have the mechanic inspect the vehicle. I need to know if this is legal in Michigan or not.

Trent Harris
Trent Harris answered on Feb 28, 2019

It may not be illegal, but it should be a red flag to any buyer. Take your business elsewhere.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such...
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1 Answer | Asked in Consumer Law for Michigan on
Q: If I am sued before the statute of limitation is up, but I am served afterwards, does the debt still count?

I am being sued for credit card debt in the state of Michigan. The last payment on the account was made in February 2013. The complaint was filed on September 24th 2018 and they filed an order for alternate service on January 2 2019. I was served February 6th 2019. Michigan's statute of... Read more »

Trent Harris
Trent Harris answered on Feb 19, 2019

The contract statute of limitations in Michigan is six years. Breach of the contract, and the cause of action arose, at the earliest when you failed to make a monthly payment in March 2013. The suit was filed timely. It’s the time of filing the suit, not service, that counts for statute of... Read more »

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
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;...
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2 Answers | Asked in Consumer Law for Michigan on
Q: Can my 82 year old Mother break her auto lease and not be liable for the early return if she is going blind?

She has 2 years left on a three year lease. She can get a letter from her doctor.

Trent Harris
Trent Harris answered on Jan 22, 2019

If there is some sort of medical hardship language in the lease that says she can, then yes. If not, no. I would think such a provision would be extremely rare in most commercial auto leases. It’s not a risk most commercial lessors would want to take. Please refer to the terms of the lease to be... Read more »

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2 Answers | Asked in Consumer Law for Michigan on
Q: Can a cosigner be denied on my auto loan if they don't live at the same residents.

I was approved an auto loan by myself but was told my mother couldn't co-sign for me not living with her. Is this discrimination?

Trent Harris
Trent Harris answered on Jan 16, 2019

No, it’s not discrimination. You were approved for a loan on your own credit. There appears to be no reason for you to have a co-signer, regardless of who they are, or where they live. There is no right to add other people to loans you’ve already been approved for.

As always, you get...
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1 Answer | Asked in Consumer Law for Michigan on
Q: We're a small business and would like to advertise locally - what kind of consumer laws for ads should we be aware of?
Trent Harris
Trent Harris answered on Nov 23, 2018

It depends on what your business is selling. But generally, you should refrain from any advertising that is false or misleading, or that makes defamatory comments about your competitors and their products. Beyond that, you’ll need to be specific about the kind of business you’re in before... Read more »

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