Your issue isn't with the credit bureaus - they only report accurate information. Your issue is that there is likely an underlying default judgment out there in some court with your name on it. What you probably need to do is find out what court that judgment is from and file a motion to set... View More

A Michigan attorney could advise best, but your question remains open for a week. That sounds like it would be a tough case. You could be confronted with the question of what mitigating steps you took to negotiate or defend the matter before it ultimately made its way to garnishment. You could... View More

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answered on Apr 20, 2024

When a court orders tax returns to be provided, especially if it's part of a legal process involving debts or collections, both parties whose information is on the joint returns are typically required to comply. This includes cases where the tax returns are jointly filed, as your and your... View More

A collection agency did no such thing. The creditor to whom your husband owes money obtained a court order requiring your husband to turn over tax records. Unfortunately for you, you have no say in the matter because these are joint tax returns. The creditor has every right to the records.

Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.

What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?

Condos are a rather strange animal especially when so many people... View More

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with... View More

Yes. Debts can be renewed every 10 years. I always advise MI clients to not file MI tax returns if they are getting a refund since the state doesn’t care if there is no filing if there is a refund due.

Not sure what you mean about “they”sending you paperwork after filing. After what... View More

There is no requirement to have the person serve signed. It is enough to hand the summons to the servee. ▪

If you agreed to pay her back, then you owe her the money and she might be able to sue to get a judgment.

Your next step is to file an answer with the court and the party suing you. The only settlement that matters is what both parties agree to.

You'll need to contact the creditor - whomever was to receive the garnishment.

You may have a service issue as well as a statute of limitations issue to raise in your defense. Contact a local attorney to advise.

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

There is no rule of law restricting creditors from cooperating in their collection efforts. These creditors would benefit from an attorney with experience in collections and bankruptcy.

I suggest you request that the creditor stop the garnishment and allow you to sign up for a payment plan that you can afford. (They almost certainly won't agree to this, but it's worth the request). When they reject that idea, you may consider filing a motion for installment payments. If... View More

It depends on your home value. If the home is worth 200,000 the combination of the State Exemption $69,200 and the liquidation cost of $20,000 would reduce the required payoff to around $10,000. If the house is worth more, the amount you would have to pay in would be less because the liquidation... View More

First, make sure the papers are not ignored (obviously you are not ignoring them as you posted this question). Make sure a proper response is served and filed with the court in the time required.

Although he may be responsible for the debt, he has a counter-claim against the ex for the... View More

The best way to address this is to file a Motion for Installment Payments. Research it and you will be able to find the form to fill out. The Motion costs $20. Fill out the form completely and file it with the court, along with the fee. The court will schedule a hearing and you can at least talk... View More