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Michigan Collections Questions & Answers
2 Answers | Asked in Collections for Michigan on
Q: In Michigan, can you file a motion to set aside a default and a motion for summary disposition at the same time?

Can a defendant file a motion for summary disposition before default has been set aside?

If they are filed at the same time how does that affect the case? Will judge first determine if default can be set aside and then address motion for summary disposition?

Trent Harris
Trent Harris answered on Jan 23, 2021

No.

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1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Are there any lawyers in the southeast Michigan area that specialize in FDCPA?

I see several on here, but i can't seem to get one to return my phone calls or email. If you specialize in going after debt collectors for violating the FDCPA or know of one located in that area, can you please leave a working phone or email i can reach them or you by? I would greatly appreciate it.

David Soble
David Soble answered on Jan 10, 2021

Probably the best thing to do is to contact the lawyer's office and request a set calendar time to speak with the attorney. This way you won't be frustrated with 'phone tag."

Good luck. www.ProvenResource.com

1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: Is it safe to pay a debt collector in full?

This is the second debt collector I'm dealing with. The first debt collector i was dealing with couldn't provide all of the information i requested in my validation request letter, so they passed it to another debt collector. People keep telling me that paying a debt collector is a very... Read more »

Adam Alexander
Adam Alexander answered on Jan 6, 2021

You are right to be wary. Some lawyers will give you a free consultation and review these validation letters and responses to see if you have a potential legal action. If your goal is to pay the debt and not be hounded by additional debt collectors I would advise you to consult with a FDCPA lawyer... Read more »

2 Answers | Asked in Consumer Law and Collections for Michigan on
Q: I've been contacted by a law firm to collect a debt i was unaware of until another debt collector threatened to sue me??

I never received a bill from the original creditor. The first letter i got from the debt collector was them threatening to sue me, so i sent 2 letters requesting validation. The first time, they didn't provide all of the information i asked for. The second time, they didn't respond and i... Read more »

Trent Harris
Trent Harris answered on Jan 4, 2021

You could call the law firms for both debt collections, and ask them who the original creditor and the original account number was for each. You could also send them a letter asking the same questions. Keep in mind that when you talk to them on the phone, they will be recording the phone call. You... Read more »

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1 Answer | Asked in Collections for Michigan on
Q: SOL in michigan for a car repo in 2002? Sued and judgement against me was declared in 2004

I co-signed for a car for a boyfriend in 2000. Repoed in 2002 and know there hasn't been a single pmt made since then. I did receive a letter every few years about collections but ignored it as I couldn't pay it. Last week I get a paper from law firm saying the 4k is now 9k and notice... Read more »

Adam Alexander
Adam Alexander answered on Dec 21, 2020

A 2004 Judgment may seem old, but creditors are permitted to "renew" a judgment. This is probably what happened in your case but you have to do some research and check the court record. Can they do this so many years later? Yes - probably. You need to get a copy of the "register of... Read more »

1 Answer | Asked in Collections for Michigan on
Q: My son was served with a summons from a debt collector Who he called try to negotiate lower amount can’t afford to pay

The debt is from a credit card he opened in 2014. He lost his job. Wasn’t able to pay his payments. He got another job minimum-wage basically not much more was not able to make the payments. Received notices of debt collection. He joined Navacore so that he could make payments within his... Read more »

Trent Harris
Trent Harris answered on Aug 7, 2020

When dealing with collection suits, the debt collector generally is going to try to get a judgment which will allow the creditor to collect the judgment from future income and assets. There are ways to settle such suits, either through paying a lump sum of money payable in a relatively shorter... Read more »

1 Answer | Asked in Collections and Small Claims for Michigan on
Q: Can I file a request and order to seize property thru mail in Calhoun county mi since They are shut down?

I need to file a request and order to seize property on two small claims court judgements. Am I able to do that thru mail?

Brent T. Geers
Brent T. Geers answered on May 15, 2020

Yes, you should be able to do so. Complete the appropriate court form and send it in for signature along with the filing fee and return envelope. I would suggest calling the clerk's office there to verify before sending anything.

2 Answers | Asked in Collections for Michigan on
Q: Can she do something?

My boyfriend was on his exes phone plan. He needed a new phone because that one didn’t work so he cancelled the phone on her plan(she gave him the account # & pin) and went through a different company. she’s now saying that he owes her money but his name was never on the contract and he... Read more »

Trent Harris
Trent Harris answered on May 2, 2020

The question is whether your boyfriend had a contract with his ex. A contract does not have to be in writing to be enforceable. But if it is an oral contract, it needs to be proven with enough specificity to show there was a meeting of the minds and an intent to be bound by the contract. A contract... Read more »

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2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My wages are being garnished from my check. Can I just raise my federal withholding a lot and get it back next year?

I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?

Edit:... Read more »

Mark Bredow
Mark Bredow answered on Mar 29, 2020

No. A creditor receives up to 25% of your gross income by wage garnishment. This is taken from each check. By increasing our withholdings, you would not impact the amount taken, and would reduce your takehome income even further. You should consider setting up a payment plan and consulting... Read more »

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2 Answers | Asked in Banking, Collections and Social Security for Michigan on
Q: Is it legal for my savings acct. ( DIRECT DEP from soc sec) to be garnished by credit card company?? FACTS/background

Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.

The garnishment was against me not him.

4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I... Read more »

Adam Alexander
Adam Alexander answered on Mar 9, 2020

If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.

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1 Answer | Asked in Collections for Michigan on
Q: my husband was discharged from hospital and made a financial agreement to pay 200 a month which I have been paying, now

they sent to collection no notice. also they say we owe more then we do.i have every receipt. this does not seem fair. what can we do?

Trent Harris
Trent Harris answered on Feb 20, 2020

Your husband should contact the hospital's billing/collections department to get more information. It is unlikely that they will deal with anyone other than him, due to HIPAA and other privacy laws.

He can ask them to provide records to support their version of the amount due. If it...
Read more »

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 Collections for Michigan on
Q: I was released from garnishment on 10/21/2018, but started to garnish accounts and payroll again. How to proceed?

I received a Garnishment Release, case No. 079564GC. "Garnishment on 4/13/2017 is withdrawn on 10/31/2019. Amts withheld by garnishee on or after 4/13/17 shall be returned to defendant and further witholdings shall be discountinued." But on 11/15/19, a garnishment was served and all... Read more »

Adam Alexander
Adam Alexander answered on Jan 13, 2020

I am wondering why the 4/13/17 garnishment was withdrawn and further withholdings discontinued? I need to know that to advise you how to proceed.

Regarding the exempt proceeds, I suggest you consult with a credit defense lawyer to review the exemption and discuss a potential FDCPA suit.

1 Answer | Asked in Collections for Michigan on
Q: what does it mean default request entry and judgment sum certain ?
Trent Harris
Trent Harris answered on Jan 8, 2020

If you have received one of these in the mail from a court with signatures on it, it means a default judgment has been entered against you in a lawsuit. Look to see who the plaintiff is in the case caption, and see if it's a person or business you recognize.

If you believe this should...
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2 Answers | Asked in Collections and Small Claims for Michigan on
Q: On April 2, 2012, when I was on disability, I had a auto loan & returned a vehicle, 'cause I couldn't afford it no more.

On April 27, 2012, they sold the vehicle. About 1 year later on my credit report it showed that the company had put it as a charge off and it was at a zero balance. On April 27, 2019, it dropped off my credit report and it was not longer listed. Now, today, December 9, 2019, I received a summons... Read more »

Trent Harris
Trent Harris answered on Dec 9, 2019

It could be legal, but maybe not because it sounds like the debt may be past the statute of limitations. The statute of limitations in Michigan for a suit to collect a debt based on a written contract is 6 years. The limitations period begins to run when the debt goes into default, not later when... Read more »

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1 Answer | Asked in Collections for Michigan on
Q: My son has to have a drug screening done once a year due to an ADHD medication. The last bill I received was may.

I have called the lab every month and they sent me 3 collection notices even through I paid without a bill. I called in October when I got the last collection notice in my 16 year old son’s name and the supervisor refused to put the account in my name without my birthday and social security... Read more »

Adam Alexander
Adam Alexander answered on Dec 6, 2019

Not receiving a bill does not exempt you from owing a debt. I suggest you send them a certified letter requesting the full balance amount, the monthly amount due and a list of all payments made. If you do not believe the balance is correct, you should also deny that you owe that amount. The... Read more »

2 Answers | Asked in Collections for Michigan on
Q: I recieved a summons to file a written answer to the court for a credit card in collections. spoke with collection co.

They said they can't give legal advise, but don't send a letter because we then will have to go to court. is that true should I still send a letter even though we've already set up a payment program

Trent Harris
Trent Harris answered on Dec 5, 2019

They're darn right they can't give you legal advice. By not filing an answer, they want you to default so they can have a judgment against you with no conditions. If you have payment arrangements made, those should be put in a consent judgment at the minimum, so you have an installment... Read more »

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4 Answers | Asked in Collections for Michigan on
Q: I have a judgement against me by consent allegedly entered by my defense attorney, I don't have an attorney

I have never heard of this attorney that allegedly represented me, I have not gone to court over this matter, but apparently a hearing was held and an attorney seems to have claimed to represent me, and consented to a judgement against me, and agreed on my behalf for me to repay the money. But... Read more »

Mark Bredow
Mark Bredow answered on Sep 9, 2019

Yes. If you did not agree it can be set aside. You'll need to file a motion with the court that granted the judgment and mail a copy to the creditor's attorney and the "defense attorney"

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1 Answer | Asked in Collections for Michigan on
Q: My landlord sent me a bill for damages to an apt and an unpaid water bill. I have video and audio proof of no damages.

And the water bill is included in the rent which I paid on time in full every month. How can I take action against them.

Mark Bredow
Mark Bredow answered on Aug 7, 2019

Within 4 days after the date that you move out, you are required to give your landlord written notice of an address where you will receive mail from them. If you do that, the landlord has to mail you a notice of damages they claim against your security deposit. If they claim damages that are less... Read more »

2 Answers | Asked in Collections for Michigan on
Q: Can a debt collector put a freeze on your bank account if your disabled and receiving social security benefits?

We have a joint bank account. I work, however my husband is on disability. An attorney's office has frozen part of our savings account. Can they touch this if the majority of the money in the account is from my income.

Thomas. R. Morris
Thomas. R. Morris answered on Aug 2, 2019

Yes, unless you object to the writ of garnishment to raise the issue. The court does not automatically know that the social security proceeds are exempt.

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