Michigan Collections Questions & Answers

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

2 Answers | Asked in Consumer Law and Collections for Michigan on
Answered on Feb 17, 2019
David Soble's answer
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; failure to dispute validity of debt.

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

2 Answers | Asked in Collections for Michigan on
Answered on Feb 3, 2019
Trent Harris' answer
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 qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.

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

2 Answers | Asked in Collections for Michigan on
Answered on Dec 14, 2018
Thomas. R. Morris' answer
A loan generally does not need to be in writing to be enforceable under Michigan law.

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

1 Answer | Asked in Family Law, Collections and Juvenile Law for Michigan on
Answered on Dec 13, 2018
Trent Harris' answer
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 judgment somewhere. $210 is pretty cheap to avoid having a criminal charge on your record which could prevent you from getting hired for employment, or getting an apartment. You are unlikely to win if...

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

1 Answer | Asked in Collections for Michigan on
Answered on Nov 30, 2018
Trent Harris' answer
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. These kind of misunderstandings/miscommunications happen, so if you want to sue, you should make a paper trail. Send the collection agency a letter by certified mail, return receipt requested, and tell...

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

1 Answer | Asked in Collections for Michigan on
Answered on Nov 16, 2018
Trent Harris' answer
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 creditors would not bring a suit for a debt that is more than 10 years delinquent.

But if you are in bankruptcy court, the United States Supreme Court recently ruled that predators...

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

2 Answers | Asked in Collections for Michigan on
Answered on Oct 30, 2018
Thomas. R. Morris' answer
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.

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

2 Answers | Asked in Car Accidents and Collections for Michigan on
Answered on Oct 26, 2018
Trent Harris' answer
You should find a local attorney specializing in no-fault insurance claims and speak to them.

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

2 Answers | Asked in Collections for Michigan on
Answered on Oct 23, 2018
Trent Harris' answer
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. Also, if you are being sued you might want someone to represent and defend you.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation,...

Q: How many times a day are debt collectors legally allowed to call my home?

2 Answers | Asked in Collections for Michigan on
Answered on Oct 18, 2018
Trent Harris' answer
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 what you pay for. Be sure to talk to a qualified attorney about your specific circumstances, before choosing to rely on information you get from internet discussion boards such as this one.

Q: I've been ill and unable to pay my bills on time, and I get tons of harassing collection calls every day.

2 Answers | Asked in Collections for Michigan on
Answered on Oct 2, 2018
Trent Harris' answer
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: https://www.consumerfinance.gov/ask-cfpb/are-there-laws-that-limit-what-debt-collectors-can-say-or-do-en-329/

Here is information from the Michigan Attorney General’s Office on the same topic:

https://www.michigan.gov/ag/0,4534,7-359-81903_20942-238041--,00.html

If it is...

Q: My mother keeps receiving excessive collections calls and she doesn't speak English.

3 Answers | Asked in Collections for Michigan on
Answered on Sep 19, 2018
Trent Harris' answer
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 info from the State of Michigan: https://www.michigan.gov/ag/0,4534,7-359-81903_20942-238041--,00.html

As always, you get what you pay for. Be sure to talk to a qualified attorney about your...

Q: CAN I SEND A PERSON TO THE BUSINESS OF THE PERSON I AM SUING UNDER FALSE PRETENSES TO SERVE HIM THE PAPERS?

1 Answer | Asked in Collections for Michigan on
Answered on Sep 12, 2018
Trent Harris' answer
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 delivering papers.

You could have the person go to the business and ask if they can speak with the person you are suing, and if they are asked for a reason, the person serving papers should...

Q: What's the quickest way for me to stop collections calls from happening? I'm sick of the harassment!

3 Answers | Asked in Collections for Michigan on
Answered on Sep 7, 2018
David Soble's answer
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 fees. A more extreme measure would be to file bankruptcy. However, most debts can be negotiated with the help of a competent debt resolution attorney. Proceed with caution if you are considering a...

Q: Hello, Q.1. Under Michigan Law is there any statute of limitation's on Dept. of Treasury to enforce collection after 30

1 Answer | Asked in Criminal Law and Collections for Michigan on
Answered on May 16, 2018
Thomas. R. Morris' answer
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 proceedings under this act until the prisoner has been finally discharged on the sentence

and is no longer under the jurisdiction of the department."

Q: What happens if my deceased spouse’s medical bill reaches collection agency?

2 Answers | Asked in Collections for Michigan on
Answered on Apr 10, 2018
Thomas. R. Morris' answer
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.

Q: How much can collection agencies add in fees/interest on top of an original principal balance owed?

1 Answer | Asked in Consumer Law and Collections for Michigan on
Answered on Mar 28, 2018
Adam Alexander's answer
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.

Q: I defaulted on an auto loan 5 years ago. Has been charged off and removed from credit report for 2 years.

1 Answer | Asked in Consumer Law, Small Claims, Contracts and Collections for Michigan on
Answered on Mar 12, 2018
Adam Alexander's answer
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 in contact with you.

Q: is it legal for someone to buy a charged off account and try to collect on it?

1 Answer | Asked in Collections for Michigan on
Answered on Mar 7, 2018
Adam Alexander's answer
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 more recent. If it's a credit card, the SOL is likely 6 years, (I would need more information to answer this definitely).

What do you do? First of all, don't default. Be sure that you file an...

Q: I may have a court hearing on a debt collection. I suffer from Anxiety/Panic disorder, Do I have to show up?

1 Answer | Asked in Collections for Michigan on
Answered on Mar 2, 2018
Adam Alexander's answer
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 is in the court.

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