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Michigan Collections Questions & Answers
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...
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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...
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1 Answer | Asked in Banking, Civil Litigation and Collections for Michigan on
Q: husband is paying arrears faithfully. can bank account still be levied?
Adam Alexander
Adam Alexander
answered on Nov 29, 2017

Probably. I would need some additional information to accurately answer your question. I am assuming your husband had a repayment agreement with the creditor or debt collector after a judgment was entered in court. Most of the time, creditors will honor that payment plan and not take any... View More

1 Answer | Asked in Collections for Michigan on
Q: I have been served a request & writ for garnishment for myself and I have no idea how to do this paperwork.

I am a small business owner and an LLC. I'm not on payroll and do not have a regular draw set up. I take enough money to pay my mortgage and little else. When I take a draw it is $700. I have taken 8 draws this year. I have 3 employees on my payroll. The business is a Licensed Avon Beauty... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 6, 2017

I suggest that you consult with an attorney and take this conversation offline. I don’t have advise I would want to provide in a public forum.

2 Answers | Asked in Civil Litigation, Car Accidents and Collections for Michigan on
Q: My husband took my vehicle out for a ride without my permission...I didn't have any insurance at the time and now my wa

wages are being garnished! They aren't taking any money from him & he's working! Is this legal? How can this be fair??

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2017

As the vehicle's registered owner, you (and your insurance if you had any at the time) are responsible. Did you, or are you willing to, file a police report stating that your husband took your car without permission? That's about the only way you'll be off the hook here.

You...
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2 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: I have a default judgment entered against me in Michigan for the amount of $15,864.61. What is the interest rate?

On the filing, the judgment interest accrued thus far is $557.17 and is based on the statutory rate of 12.9% is specified from 11/18/2012 to 02/26/2013

The default judgment was entered on 03/6/2013.

My question is the following: What is my current interest rate on this judgment?... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 10, 2017

See the following:

http://www.michigan.gov/treasury/0,4679,7-121-44402_44404-107013--,00.html

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2 Answers | Asked in Consumer Law, Contracts, Collections and Probate for Michigan on
Q: Recently I received a letter at my residence in Florida stating that my 3 siblings and I had money due to us.

after responding to it I was sent a contract and one sister was sent one as well.We signed these separate agreements which held that he would receive 33% of any money he collected. He then proceeded to open a probate case in MI. which among other things caused us to terminate the contract. The... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 24, 2017

It sounds like the estate and this potential lawsuit are based in Michigan. Thus you need to repose this question under the Michigan ask a lawyer section as Michigan law will control as to if the court there will have jurisdiction over you.

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1 Answer | Asked in Small Claims and Collections for Michigan on
Q: I recently got a judgement against me for a loan that someone gave me on their credit card

I suspect they may have filed bankruptcy and got rid of those charges. Would I have to pay him if he did that. I think he is going to put a lien on my property after the 21 days is up.

Adam Alexander
Adam Alexander
answered on Apr 29, 2017

Just so I understand, who is this "someone" who obtained a judgment against you? Is this "someone" the same person as "they" who may have filed bankruptcy?

Is this "someone" the same person as the "he" who is going to put a lien on your...
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1 Answer | Asked in Real Estate Law and Collections for Michigan on
Q: In Michigan after a judgement has been Made can I appeal? how long does the plaintiff have to wait to put a lien on my p

Property? do they have to wait 21 days before they can do that?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 28, 2017

You CAN appeal, but there must be a basis for that appeal. In other words, you can't just appeal 'because you think it is the wrong decision' you have to have a legal reason WHY the judge / jury came to the wrong conclusion. If you don't understand what that means, you REALLY... View More

1 Answer | Asked in Collections for Michigan on
Q: What reason would a collections lawyer need a driver's license number and a social security number of the defendant?

Defendant is fully disabled, and only income is social security disability. The case has nothing to do with owning or operating a motor vehicle. An affidavit has already been provided, stating that the defendant has no assets which can be taken to pay an emergency medical bill.

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 7, 2017

That information facilitates a public records search, i.e. a search for assets by differentiating the debtor from another with a similar name.

1 Answer | Asked in Contracts, Collections and Small Claims for Michigan on
Q: What if I can't get to the court in the city where I am being sued?

I'm being sued by a creditor the court is located in their city where I used to live (and where their office is). It is a long hike north for me and currently unfeasible with no way to get up there. What can I do in this situation?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 28, 2017

The only simple answer to your question is: Hire an attorney. You could also possibly see if the court will allow you to appear at a hearing by telephone. If you need to file a written answer, you can do so by mail.

1 Answer | Asked in Bankruptcy and Collections for Michigan on
Q: I received a summons and complaint today however there are several things that don't seem right on it.

my name looks like a sticky tab over something else( because I have a copy), the case number is wrote in, and the spot where the court clerk is to sign its empty and also is the boxed that's labeled issued (that's next to the summons expires). Also the bottom where it says signature of... View More

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jul 12, 2016

Bring the Summons and Complaint to the court that issued it and asked the clerk if the documents are from an existing file.

1 Answer | Asked in Bankruptcy, Criminal Law, Traffic Tickets and Collections for Michigan on
Q: In need of a pro bono lawyer for 1991 case opened in 2013 in Michigan
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jul 6, 2016

In a criminal case where there is a possibility of jail time, the court, if you are indigent, will provide for you a lawyer.

1 Answer | Asked in Car Accidents, Collections and Traffic Tickets for Michigan on
Q: My license is about to be suspended. I don't have a car, so I can't get a SR-22. I can't pay what I owe. What can I do?

2 years ago I was in a car accident wherein I rear-ended car A which then rear-ended car B. I didn't have car insurance, so I was fined and, since I was at fault, I'm on the hook for a $5,000 claim for car B, a vehicle that was able to drive away from the accident with very little damage... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2016

They got a judgment for the 5k so the time to argue it's not merited by the damage etc is over.(make sure it was a judgment).

Baisically, you have to work out a payment. A really good step would be to invest a small amount into getting legal advice from an attorney who handles license suspensions.

1 Answer | Asked in Bankruptcy and Collections for Michigan on
Q: can you sue someone who is filing for bankruptcy and if so how does the bankruptcy filing affect you ability to collect.
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on May 20, 2016

There are limited reasons for which one may sue someone in bankruptcy. It is an expensive process and the results are not always successful. In order to sue in bankruptcy one must file an adversarial proceeding within the parameters of both reasons and time restrictions. If one is successful in... View More

1 Answer | Asked in Bankruptcy and Collections for Michigan on
Q: Should I keep with the debt solutions program?

I am currently enrolled in a debt solutions program but I have been starting to receive letter from lawyers regarding my balances. Should I be worried and if so should I consider bankruptcy?

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on May 20, 2016

Over the past 20 years I have heard this problem several times. The only debt solution program that is guaranteed to work is either a chapter 7 or a chapter 13 bankruptcy. Often times the first several payments sent to many of these debt solution companies end up paying the fees due to the debt... View More

1 Answer | Asked in Collections for Michigan on
Q: Lowes is attempting to sue my husband for nonpayment for a hotwater heater we never took delivery on. Should we fight?

We ordered a hot water heater from Lowes Home Improvement then found out it wouldn't work for our house hold. We ended up getting a hot water heater from a different, and more local company. We called to cancel the order, they said it would take several weeks to get our money back. We... View More

David B. Levin
David B. Levin
answered on Sep 14, 2015

It's not clear from your question whether you have in fact been sued or the creditor has simply threatened to file suit. You also don't say whether or not you've discussed the issue with Lowe's and whether they acknowledge that you did not take delivery on the water heater. It... View More

1 Answer | Asked in Collections, Employment Law and Family Law for Michigan on
Q: I was paying cs caught a felony, went to prison sent my worker a letter saying I was in prison. Y do I owe back cs

Long story short I . I send a certified letter saying that I was in prison so why do I have to pay child support for arearagewhen I was locked up and sent certified letter saying I was in prison. I got out got a job and started back paying cs then I found out I was in the arear for 27000$ the... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

You need to hire a family attorney in Alabama and have a full discussion about this. Basically, committing crime and being sent to prison does not diminish your child support obligation. It is considered a voluntary act, a unilateral change in circumstances which does not entitle you to a... View More

1 Answer | Asked in Collections for Michigan on
Q: How do I find out who original debt is owed to when its not on collection letter
Charles Snyderman
Charles Snyderman
answered on May 16, 2014

The Fair Debt Collection Practices Act requires the collector to advise you of the name of the original creditor. Failure to do this in the original communication or within 5 days of the initial communication is a violation. You can certainly write to the collector and ask who the original creditor... View More

1 Answer | Asked in Collections for Michigan on
Q: How do I get an interest in a potential WDMI judgment?

If a part of my divorce judgment says I get 1/2 interest in my ex's federal district suit in Michigan, do I need to file a lien or do I need to get into the suit?

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi
answered on Mar 3, 2014

Place a lien on the court file. Ask your attorney to assist you to notify and confirm that all attorneys involved with the civil suit are aware of the Judgment.

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