How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract
answered on Apr 7, 2024
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
How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract
answered on Apr 7, 2024
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
Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More
answered on Feb 28, 2024
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
So the situation is I have a credit card that I got behind on and was being bombarded with 2-3 calls a day on average totaling way more than the reasonable amount allowed. Everytime I would try and awnser to request they stop I would get dead air then disconnected leading me to believe they are... View More
answered on Sep 8, 2023
You may consider reaching out to an attorney who focuses on consumer rights or consumer protection law to handle this matter. They can assist in assessing whether the collection practices violate the Rosenthal Fair Debt Collection Practices Act or the Telephone Consumer Protection Act, and help you... View More
They’re taking 25% with me only working 43 hours due to hours being cut, and I have bills that I cannot afford now. But I also do not know how I owe that much when I took out student loans through fasfa & parent plus loan to cover my expenses. How do I go about getting to lower it or take it... View More
answered on Jun 20, 2023
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
Comb of 3 cc and left over debt from repo car. What are my options I can’t get a home equity loan as I don’t make enough.
answered on Jun 19, 2023
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
So what we have discovered is his ex-wife (divorced in 2018) took out a loan of $30,000 in his name and got him to sign the papers. She just told him to sign the papers. He didn't check what he was signing (I've told him how stupid he is) and she co-signed the loan. However, she... View More
answered on Jun 12, 2023
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
answered on Apr 24, 2023
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
A death notice was posted in the paper and since it was over a year I thought their claim to any estate was over.
It depends what you mean by "death notice" in a paper. If you mean an obituary, that is not enough. On the other hand, if by "death notice was posted in the paper" you mean a notice to creditors was published in the newspaper by a personal representative under MCL 700.3801 or a... View More
I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state
answered on Apr 7, 2024
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 a group of people with 9 judgments, that total several million dollars, and name either the husband or wife and/or one of three LLC's they operate. They are spread over four counties and three courts. No one in the group has received any payment on the judgments whatsoever yet, the... View More
answered on Dec 5, 2023
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.
Also what if the defendant tries to settle out of court but plaintiff refuses.
answered on Oct 14, 2022
Depends on what you mean by "slander" and "harass", both of which have legal standards and definitions that may differ from what you interpret those words to mean.
There is no obligation to settle out of court. Courts exist for when people disagree.
answered on Aug 5, 2022
Ordinarily, the person collecting should file a satisfaction of judgment with the court; the judgment itself is not removed from the court record.
On March 1 2022 Judge Finch dismissed this claim. for the past 5 months this ruling is under legal review by PUA while their collections department is now threatening wage garnishment. I have tried without success to get this matter resolved. Collections refuses to stop harassing me. Shouldn't... View More
answered on Jul 20, 2022
Probably. Assuming the dismissal was with prejudice and you are no longer responsible for the alleged debt. I suggest you contact a debt defense lawyer to review your legal options.
When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... View More
answered on Jun 21, 2022
If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.
I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your... View More
I am being sued for a loan that I signed for but never received funds. The original creditor had supposedly given the funds to a doctors office for a surgery I had scheduled. The doctors office claims they didn’t receive it. I tried to get this resolved without success. Now 3 years later I am... View More
answered on Jun 6, 2022
Your question presents two issues: 1) is a possible defense to the suit itself, and 2) the scope of the subpoena / discovery.
You're probably not going to win on the bank statement issue, and quite frankly, that's probably not where your focus needs to be on. You should retain an... View More
My former apartment claimed that we did not give notice before moving out, and forwarded a $1700 debt to a collections agency, though we did give notice. Aside from the fact that we did give notice (we got the form from the management office), it says NOTHING about a charge for not giving notice in... View More
answered on Apr 13, 2022
I suggest you first send a certified letter, both to the apartment and to the debt collector. The letter should clearly deny the alleged debt and explain in detail why you don't owe the debt. Importantly, the letter should also request how they calculated the $1,700 and what clause in the... View More
Our adult son has a medical bill that was put on hold until a discount was discussed. He is self-pay. He never received a call from the person to negotiate and the bill was sent to collections.
answered on Apr 11, 2022
I assume a debt collector has called you or sent you a dunning letter. If you received a letter, I suggest you dispute that letter in writing. Send a dispute letter by certified mail to the debt collector with as much detail as possible.
Keep in mind the time period before unpaid medical... View More
answered on Feb 19, 2022
Probably. It's likely a collection agency that purchased the debt. You may have a statute of limitations claim.
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