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
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
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
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
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
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?
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.
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
answered on Oct 26, 2018
You should find a local attorney specializing in no-fault insurance claims and speak to them.
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
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
How do I make them stop?
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
What can I do to make the calls stop for her?
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
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
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
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
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
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.
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?
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.
Will they ever come take the vehicle.
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
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?
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
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
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
What does this mean if I try to settle? Also, how does paying taxes on forgiven debt work when a debt is shared?
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
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
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
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