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Michigan Collections Questions & Answers
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 is...
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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 "Garnishment on 4/13/2017 is withdrawn on 10/31/2019.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 checking and... 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I am wondering why the 4/13/17 garnishment was withdrawn and further withholdings discontinued?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 not...
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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 payment... 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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1 Answer | Asked in Collections for Michigan on
Q: I received a default request entry and the amount is $4600 from a car accident that happened in 2018

I was an employee I don’t work for that company but it’s coming back on me even tho my boss kept saying it has been taken care of. I never had insurance of my own to know what to do. I want nothing to do with this how do I avoid this problem.

Ps someone said I should not default. What... Read more »

Kira Damusis
Kira Damusis answered on Aug 2, 2019

Allowing a default judgment to be entered against you would result in Plaintiff being given an order allowing them to seek $4,600.00 against you via appropriate collections procedures. You should NOT allow a default judgment to be entered against you. I would recommend contacting the insurance... Read more »

1 Answer | Asked in Collections for Michigan on
Q: I received a Default Request entry for a accident that happened in 2018. My former boss said he paid It off but didn’t

I don’t have insurance of my own to even know what to do. I don’t work for this medical transportation company. And I’m being sued for something I have nothing to do with I need to know what to do!?

Adam Alexander
Adam Alexander answered on Aug 2, 2019

How much is the alleged debt? The first thing you should do is NOT DEFAULT, if possible. From what you wrote here it looks like it may be too late. If you have a valid defense, there is a chance that default can be objected to or set aside. But you likely need to hire a lawyer to file the... Read more »

1 Answer | Asked in Collections and Health Care Law for Michigan on
Q: I'm being sued for medical bills. Asked for reduced offer & monthly payments was told no. What can I do?

I sent a letter requesting a reduced settlement amount and monthly payments to settle the debt. I was told they would not do payments that it had to be one lump sum and I can't afford that. I've received the subpoena from the court and have no idea what to do to get this resolved as I can't afford... Read more »

Adam Alexander
Adam Alexander answered on Apr 10, 2019

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...
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2 Answers | Asked in Civil Litigation and Collections for Michigan on
Q: I am sued in small claims and I have questions about the paperwork that I received from the plaintiff's attorney.

I received a request for admissions and interrogations dated 3/25/19 from the plaintiff's attorney wanting a response within 28 days. We go to court 4/15/19. Do I respond or do I wait for court?

Also. The invoice they attached to the complaint is different from the other invoices I received... Read more »

Trent Harris
Trent Harris answered on Mar 30, 2019

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.... Read more »

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2 Answers | Asked in Collections for Michigan on
Q: What happens if I don't pay some medical bills I can't afford? Can I just ignore them?

I have a lot of medical bills and more coming. I am going to be paying on one that was sent to collections for the next 17 years. I was told I don't have to pay them. That they can't take me to court, it won't affect our credit rating and they can't garnish my wages. Is this true?

Trent Harris
Trent Harris answered on Mar 11, 2019

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... Read more »

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1 Answer | Asked in Collections, Gov & Administrative Law and Municipal Law for Michigan on
Q: My exhusband contacted our town government office and had my water/sewage bill switched to his name without me knowing.

The bill is a three month cycle so I hadn’t noticed that I didn’t receive two bills, the bill is now 800$ past due. Is it legal for them to let him do this without authorizing with me or without him ever being on the lease?

Trent Harris
Trent Harris answered on Mar 8, 2019

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...
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1 Answer | Asked in Civil Litigation and Collections for Michigan on
Q: I received a letter from an attorney stating I am being sued by a debt collector, but I have not yet been served.

How do I find out the name of the court the suit has been filed in, along with the date and time of the hearing?

Trent Harris
Trent Harris answered on Mar 1, 2019

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... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on
Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection company is... Read more »

Trent Harris
Trent Harris answered on Feb 22, 2019

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.

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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 Collections for Michigan on
Q: How do I get back an engament ring I thing it has been pond
Trent Harris
Trent Harris answered on Feb 3, 2019

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...
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