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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: My cousin was convicted and sentenced to a minimum of 12 years in Michigan.

He has several student debt loans. He has never defaulted, but I believe has an IBR or IDR plan in place. Can something be done while he is incarcerated where the collection or reapplying for the IBR or IDR every year stops? Can the

interest stop until he is released?

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

I do not believe there are provisions exclusive to incarcerated individuals. I think he'll need to contact his student loan servicing agency, or have someone do it on his behalf through a power of attorney form. I would think it's a matter of certifying each year that he has no income... Read more »

1 Answer | Asked in Consumer Law, Banking and Business Law for Michigan on
Q: Are there any licences/regulations required for personal finance websites w/affiliate links for loans, credit card, etc?

Curious about starting a website like Nerdwallet or Bankrate.com, where we write articles about financial products/services and have affiliate links to personal loan companies, credit cards, insurance, investments, loans, etc. We wouldn't provide any goods/services ourselves, but would just... Read more »

Michael Zamzow
Michael Zamzow
answered on Apr 7, 2023

This is not legal advice.

Perhaps. There certainly are regulations that personal finance websites must follow when selling or promoting financial investments and tools. You may consider investigating whether or not the website is required to disclose any material connections or financial...
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1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Michigan on
Q: Mortgage company wrongfully put balance on credit report.

My home went into foreclosure in 2020 and I sold it 2 weeks into the redemption. I got a 1099-s, discharge of mortgage from the vice president of the company and a closure of account. I also walked away with a check from the sale. I am being told that I have a $26,000 balance on my credit report... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 15, 2023

This is FAR more detailed and complicated than can be properly dealt with in a public forum like this.

At a minimum, your attorney will need to see all the written documents (like that 1099 and discharge of mortgage) and look at the documents recorded with the register of deeds....
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1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Michigan on
Q: I owed SBA disaster loan of $24,000 and then in 2019 I did a chapter 7 due to financial problems, .

The sba loan was discharged, the problems is, everytime I try to refinance my house, they still block the refinance and demand the $24000 , and banks back away.

Is this legal what they are doing or illegal?

What can I do for them cease-and-desist?

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 13, 2023

The bankruptcy discharge prohibits a creditor from demanding payment of a discharged debt. However, it does not require a prospective lender to lend to you. Therefore, it is illegal for the creditor holding a discharged debt to try to enforce it against you, but legal for a bank to deny you a... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Paying 30,000 for a car I bought 2months and it’s not working, single mother and need answers please and help
Adam Alexander
Adam Alexander
answered on Feb 13, 2023

If you purchased your vehicle "as-is", you may not have a legal avenue to resolve the problems.

I suggest you file a complaint with the BBB and with the State of Michigan to see if they can provide you with some options. If you have a warranty, you should work with the seller or...
Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is the owner of the dealership responsible for the seller's actions? If so, where could I find this law for court?

I recently bought a car from a used car dealership in MI that was greatly misrepresented. The seller was just a guy who the owner was allowing to sell cars out of his dealership, not an employee. After many issues, I sued the person and the dealership, and the seller has since fled the country. Is... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2023

Do you have a judgment against the seller? If you do, you may be precluded from now going after the dealer because generally you need to bring in everyone you can when you first file an action. If you don't have a judgment, you will need to somehow legally tie the dealer to the seller.

1 Answer | Asked in Consumer Law and Energy, Oil and Gas for Michigan on
Q: So my family got behind on our water bill payment. We are still receiving water bills even while it’s off. Is it Legal?
Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

The bills are presumably for the amount owed, which does not go away even when they shut the water off. In most cases, that amount owed becomes a lein on the property, which means it cannot be sold without being paid off.

1 Answer | Asked in Products Liability and Consumer Law for Michigan on
Q: Purchased a used vehicle 11/23/22, problems arose after further research about the vehicle history. Can I get a refund?

Seller said nothing wrong with vehicle. Said the trans was rebuilt and had a recent oil change. Upon further inspection AFTER the purchase, break lights don’t work, tailgate sticks/doesn’t stay up, battery needs to be replaced, needs O2 sensor, replace ABS control module, original VIN... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2022

Unlikely. Is this a private seller? This is a classic caveat emptor situation: until the point where money and title changed hands, you had the ability to investigate, and either negotiate for a lower price or walk away. Unless the seller warranted, guaranteed, or promised you something, I think... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... Read more »

1 Answer | Asked in Banking and Consumer Law for Michigan on
Q: Is it illegal to dispute items that are accurate but negative on your credit to qualify for better credit terms?

Is it illegal to get negative items removed from credit and then use that updated credit report to apply for credit?

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2022

Not necessarily illegal, and in fact that is or was a commonly-pushed strategy of credit repair shops. When you dispute an item, the credit bureau contacts the creditor for verification. If no verification is received timely, then the credit bureau is supposed to take it off your report. So the... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Michigan on
Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?

Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

I assume you mean rescind not resend.

No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but...
Read more »

2 Answers | Asked in Consumer Law, Small Claims and Lemon Law for Michigan on
Q: Can I sue Ford in small claims court for faulty engine.

My Ford escape with EcoBoost engine blew up. This is a common problem there are class action lawsuits. Can I sue Ford in small claims court and would it be worth it.

Brent T. Geers
Brent T. Geers
answered on Jul 26, 2022

Can you? Yes. Should you? No. You need to understand that major corporations like Ford have entire departments full of attorneys working for them, any of whom would have a field day with a pro se litigant. The first thing they will do is remove the case to the general civil docket because 1)... Read more »

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1 Answer | Asked in Consumer Law for Michigan on
Q: Purchased a car from dealership in Fla. fee's added for stuff never asked for, also had to tell finance I put $$ Lie

Was sick several months then father passed.... fell behind several months.... was backed into corner, had to have car, they knew it.... options?

Brent T. Geers
Brent T. Geers
answered on Jul 26, 2022

You may have some cause regarding added fees, depending on what they are for. But the remedy for that is to adjust the contract amount. It won't save your car if that is the concern. The reason behind executing a contract is generally not a defense or reason to get out of it; in short, it... Read more »

1 Answer | Asked in Landlord - Tenant, Consumer Law and Insurance Bad Faith for Michigan on
Q: My storage was broken into, I filed a claim & made a police report. My claim was denied.

The thieves broke off both my locks and put their own locks on so I couldn't get into my storage. The storage company siding with the insurance company which I pay insurance on my storage monthly. My claim was denied.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2022

What exactly is your question?

I can’t imagine a storage company ‘siding with’ anyone. Had you paid your storage bill? The scenario is unclear.

If you didn’t pay your bill they COUKD have auctioned off you’d stuff for back rent and Re rented the unit to someone else who...
Read more »

1 Answer | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Michigan on
Q: Do you believe this situation is worth pursuing from a legal & financial perspective? Is there precedent for this?

Hello & I appreciate your time & expertise.

I took my car to my Ins. Co.’s recommended Collisions Shop.While in for a complete tear down quote, the Shop caused additional damage to my car. They submitted a final quote to my Ins. Co. - which includes the cost to repair their... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 29, 2022

Probably not. Look, insurance is a business. It is probably not worth their while to fully investigate what might have happened, especially when clearly, the insurance company is paying a claim anyway, just to save a few bucks.

It is pre-arranged; insurance companies are most collision...
Read more »

2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... Read more »

Adam Alexander
Adam Alexander
answered on Jun 23, 2022

Yes, you can sue them in Small Claims here in Michigan. Once you do so, (if this is a legit company), they will remove the case to the general docket.

TCPA cases are complex. You may be able to recover $1,500 per call if the conduct was willful. Demonstrating willfulness is difficult...
Read more »

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2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 23, 2022

I think you're right that you can sue them. I would try consulting a consumer rights attorney before trying it on my own. And I would plan to go ahead and sue in the general civil division (district court), not small claims. In small claims, neither party can have an attorney, and a business... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

1 Answer | Asked in Consumer Law for Michigan on
Q: Is it legal for a power company from another state to demand payment from my friend?

It turns out her ex’s power bill is still in her name (they used to live together), and his late payments have been affecting her credit score. He lives in Indiana, while she is in Michigan. Today she called the company to get her name off of the bill, but now they’re demanding she pay for the... Read more »

Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Yes, it's legal for them to demand payment from her. Her name is on the bill, so it's her they will look to for payment; doesn't matter who actually lives there.

Your only possible recourse would be against the ex; but I assume there was a reason why the bill wasn't in...
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1 Answer | Asked in Consumer Law and Civil Litigation for Michigan on
Q: Should I deny the complaints in the summons and complaint I received for an old debt even if I know the debt was mine?

I was served in regards to an old debt. The debt is mine, but I'm unsure if the amount is correct as I paid part of it in the past. Most of what I've read says to deny the complaints just to make them prove its actually mine and that the amount is correct. Is this a good idea? Solosuit... Read more »

Adam Alexander
Adam Alexander
answered on Apr 27, 2022

You just posted on line that "the debt is mine". Be careful now denying to the court that the debt is yours.

Depending on the amount of money the debt collector is suing you for, you should consider hiring a lawyer.

There are legal defenses available to you that you may...
Read more »

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