Lawyers, Answer Questions  & Get Points Log In
Michigan Collections Questions & Answers
2 Answers | Asked in Collections for Michigan on
Q: Can I get someone to collect on a loan if it was just a verbal agreement?
Stuart Gregory Steingraber
Stuart Gregory Steingraber
answered on Dec 14, 2018

Yes. Verbal agreements are still considered contracts in the eyes of the law. That said, there are limitations, such as: contracts involving real estate must be writting; contracts to co-sign for a debt must be written; depending on the law in your state, contracts involving money over a certain... View More

View More Answers

1 Answer | Asked in Family Law, Collections and Juvenile Law for Michigan on
Q: Can you be charged for a lawyer that you never used, hired, talked to or had a meeting with?

When I was 13 I was falsely accused of hitting a swan with a 2×4 board. DNR took it to get X-rays done and nothing was wrong with it. I finally received my papers saying I had to go in front of the referee. When I went my mom repersented me in court and the referee told me if I completed my... View More

Trent Harris
Trent Harris
answered on Dec 13, 2018

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... View More

1 Answer | Asked in Collections for Michigan on
Q: I paid off a bill directly with the hospital, but their collection agency keeps calling me - can I take them to court?
Trent Harris
Trent Harris
answered on Nov 30, 2018

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.... View More

1 Answer | Asked in Collections for Michigan on
Q: How far back can a collector collect a debt - if it's over 10 years old can they still go after me?
Trent Harris
Trent Harris
answered on Nov 16, 2018

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... View More

2 Answers | Asked in Collections for Michigan on
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

the account are not mine. The deposits are direct deposits from his employer. Do I have to prove all transactions associated with the account are not mine or just the contributions made to the account?

Thomas. R. Morris
Thomas. R. Morris
answered on Oct 30, 2018

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.

View More Answers

2 Answers | Asked in Car Accidents and Collections for Michigan on
Q: How do I respond to Subrogation letter regarding auto/tractor accident in no-fault state?

My dad was on his tractor and pulled out into the street at the same time that our neighbor came down the road in his truck. The neighbor moved to avoid the tractor and side swiped my parent's mailbox. Crash report states no damage. My parents paid the neighbors $500 deductible. Now a year... View More

Trent Harris
Trent Harris
answered on Oct 26, 2018

You should find a local attorney specializing in no-fault insurance claims and speak to them.

View More Answers

2 Answers | Asked in Collections for Michigan on
Q: I am being sued, can I use financial hardship to cash out annuity to satisfy this debt
Trent Harris
Trent Harris
answered on Oct 23, 2018

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... View More

View More Answers

2 Answers | Asked in Collections for Michigan on
Q: How many times a day are debt collectors legally allowed to call my home?
Trent Harris
Trent Harris
answered on Oct 18, 2018

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...
View More

View More Answers

2 Answers | Asked in Collections for Michigan on
Q: I've been ill and unable to pay my bills on time, and I get tons of harassing collection calls every day.

How do I make them stop?

Trent Harris
Trent Harris
answered on Oct 2, 2018

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:... View More

View More Answers

3 Answers | Asked in Collections for Michigan on
Q: My mother keeps receiving excessive collections calls and she doesn't speak English.

What can I do to make the calls stop for her?

Trent Harris
Trent Harris
answered on Sep 19, 2018

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... View More

View More Answers

1 Answer | Asked in Collections for Michigan on
Q: CAN I SEND A PERSON TO THE BUSINESS OF THE PERSON I AM SUING UNDER FALSE PRETENSES TO SERVE HIM THE PAPERS?
Trent Harris
Trent Harris
answered on Sep 12, 2018

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... View More

3 Answers | Asked in Collections for Michigan on
Q: What's the quickest way for me to stop collections calls from happening? I'm sick of the harassment!
David Soble
PREMIUM
David Soble
answered on Sep 7, 2018

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,... View More

View More Answers

1 Answer | Asked in Criminal Law and Collections for Michigan on
Q: Hello, Q.1. Under Michigan Law is there any statute of limitation's on Dept. of Treasury to enforce collection after 30

I was released on parole in the State of Michigan over 30 years ago and I was unable to pay supervision fees, relocated and heard nothing significant on this issue. Over 30 years have passed and now i'm receiving notice and opportunity. I's there any limitation on this type of... View More

Thomas. R. Morris
Thomas. R. Morris
answered on May 16, 2018

This is from MCL 800.404: "The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care

of the prisoner during the entire period or periods the person is a prisoner in a state correctional facility. The

state may commence...
View More

2 Answers | Asked in Collections for Michigan on
Q: What happens if my deceased spouse’s medical bill reaches collection agency?
Thomas. R. Morris
Thomas. R. Morris
answered on Apr 10, 2018

Who is liable for the bill? If your deceased spouse was liable, his or her estate would be liable. If there is no estate, the question becomes whether someone else (such as you) guaranteed payment of the bill. If so, you may be liable.

View More Answers

1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: How much can collection agencies add in fees/interest on top of an original principal balance owed?

I have a debt that was turned over to a collection agency. They added over $800 for Collection Cost. What governs how much they can add and how much I should really pay them?

Adam Alexander
Adam Alexander
answered on Mar 28, 2018

Generally the original contract will govern the potential collection costs. But State and Federal law may limit the collector. I would advise you to let a consumer protection lawyer review all relevant documents before you negotiate with this debt collector.

1 Answer | Asked in Consumer Law, Small Claims, Contracts and Collections for Michigan on
Q: I defaulted on an auto loan 5 years ago. Has been charged off and removed from credit report for 2 years.

Will they ever come take the vehicle.

Adam Alexander
Adam Alexander
answered on Mar 12, 2018

Depending on the year/make/model of the vehicle, they may or may not try to repossess it. However, keep in mind they don't have to repossess it to sue you or attempt to collect the debt. You are fortunate that it is not on your credit report. I suspect at some point a debt collector will be... View More

1 Answer | Asked in Collections for Michigan on
Q: is it legal for someone to buy a charged off account and try to collect on it?

I just received a summons for a credit account that was charged off in January of 2013. Someone has bought the account and now wants to sue me for it. Is this legal? Isn't there a time limit on when this can be done in Michigan? What do I do?

Adam Alexander
Adam Alexander
answered on Mar 7, 2018

Yes, debt collectors can sue you for charged off accounts. However, if you received a 1099-C (cancelation of debt), they should not be able to collect the entire balance. Regarding statute of limitations, it begins to run from the date of your last payment or the date of default, whichever is... View More

1 Answer | Asked in Collections for Michigan on
Q: I may have a court hearing on a debt collection. I suffer from Anxiety/Panic disorder, Do I have to show up?

I may have a court hearing on a debt collection. I suffer from Anxiety/Panic disorder, Do I have to show up? Is there any special circumstances in these cases? I would be a complete disruptance to the court room (unable to sit still, making noises, maybe shouting). I'd also be unable to answer... View More

Adam Alexander
Adam Alexander
answered on Mar 2, 2018

I suggest you hire a lawyer to represent you in court. If you do not have the finances to afford a lawyer, I would urge you to write a letter to the judge about your condition. The judge may be able to resolve this issue and permit you to "appear" over the phone or on a date when nobody... View More

1 Answer | Asked in Collections, Landlord - Tenant and Tax Law for Michigan on
Q: 2 roommates and I fell behind on our rent payments. The full amount owed shows on my credit report as Individual Account

What does this mean if I try to settle? Also, how does paying taxes on forgiven debt work when a debt is shared?

Adam Alexander
Adam Alexander
answered on Feb 22, 2018

If you co-signed the creditor/debt collector can collect from either of you or all of you. You all owe the entire debt - although if one pays it off entirely, the others no longer owe the debt.

If you try to settle the debt for less than the full balance, be sure to get it in writing that...
View More

1 Answer | Asked in Probate, Collections and Landlord - Tenant for Michigan on
Q: My mother passed away in early November of last year. She was in an assisted living apartment at the time.

We vacated the apartment the 25th of Nov and turned possession over to the assisted living facility at that time. My mother and I had a joint checking account, and I removed her name from the account after her death. The assisted living facility is now sending me invoices stating that our mother... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 18, 2018

Assuming you are right in that ONLY your mother signed the lease and you didn't guarantee it in any way, then yes, they could TRY to go after her estate, but if there was nothing in her name alone at the time of her passing, there are no estate assets for them to attach.

Look carefully...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.