Michigan Collections Questions & Answers

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

1 Answer | Asked in Collections and Health Care Law for Michigan on
Answered on Apr 10, 2019
Adam Alexander's answer
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 is often too expensive for consumers so if that is not an option, do the best you can.

If you have already filed bankruptcy or do not wish to do so, and you have no defense to the debt, I...

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

2 Answers | Asked in Civil Litigation and Collections for Michigan on
Answered on Mar 30, 2019
Trent Harris' answer
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.

If you do not respond to the things you received from plaintiff’s attorney, the requests to admit will be deemed admitted. You should not ignore them, or the interrogatories. It sounds like you are...

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

2 Answers | Asked in Collections for Michigan on
Answered on Mar 11, 2019
Trent Harris' answer
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 come to court for creditors examinations under oath. It sounds like the advice you were given was not good advice. If the bill is yours, you will need to find a way to deal with it. I would not ignore...

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

1 Answer | Asked in Collections, Gov & Administrative Law and Municipal Law for Michigan on
Answered on Mar 8, 2019
Trent Harris' answer
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 don't want your water turned off. I would speak to the town office to get the bill fixed, and you may very well have to pay the past-due balance because it was for services you used. If you had to pay...

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

1 Answer | Asked in Civil Litigation and Collections for Michigan on
Answered on Mar 1, 2019
Trent Harris' answer
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 records, you could find out that way. If the suit has been filed in federal court, then it would be for the Eastern or Western District of Michigan federal court, depending on the county you live in....

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

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on
Answered on Feb 22, 2019
Trent Harris' answer
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.

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...

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