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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Michigan on
Q: I currently have a summons form the court in Kalamazoo concerning a debt, need to know what lawyer category to search in

More legal work is needed concerning the seller of vehicle and the warranty company covering engine repairs so any further help in these area would be appreciated.

thank you

Trent Harris
Trent Harris answered on Jul 24, 2020

You could try looking for an attorney who does collection defense, or bankruptcy.

1 Answer | Asked in Consumer Law for Michigan on
Q: can a loan from a credit union be forgiven for a nonrunning vehicle under a vehicle reclamation

vehicle #1 purchased from a credit union breaks down with no warranty cost of repair is high a car dealership gets you a loan from another credit union and says the first loan can be forgiven under a vehicle reclamation.

Trent Harris
Trent Harris answered on Jul 13, 2020

No, not unless credit union #1 agrees to forgive the first loan, but that would be very unusual. Most credit unions won't forgive debt unless they're paid.

For further information, consult with a qualified bankruptcy attorney in your area.

1 Answer | Asked in Consumer Law and Business Law for Michigan on
Q: I have renters who have not paid rent for 2 months can I evict them yet due to Covid 19?

They don’t think I can evict them and they have said they have no intention to move or pay rent I would evict them but I don’t think I can right now

Brent T. Geers
Brent T. Geers answered on Jul 1, 2020

They (and you) are right. The moratorium on evictions is extended (currently) until July 15.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Michigan on
Q: How do I form a sole member nonprofit tenant association

Yes, I do. I need help with the formation process and filing for federal grants

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.

"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local...
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1 Answer | Asked in Consumer Law for Michigan on
Q: I have consumed meat with tapeworms from a major retailer, I am now seeking medical help, is compensation a possibility

I have pictures, email communication from retailer, and doct appointment for 6/22/2020

Adam Alexander
Adam Alexander answered on Jun 22, 2020

You may be entitled to compensation, depending on the severity of your symptoms, the identity of the retailer and several other factors. I suggest you contact a lawyer directly to review your photos, communications and other evidence.

1 Answer | Asked in Consumer Law for Michigan on
Q: Hello, I have used Google's Incognito browser often in the past 4 years. Am I eligible for compensation?

.

Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
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1 Answer | Asked in Consumer Law, Public Benefits, Small Claims and Contracts for Michigan on
Q: Got a writ of garnishment on a Zales jeweler card from 1995-2001 can they still garnish me in the state of Michigan

I worked multiple jobs and this is the first time they've attempted a garnishment, after all this time can they still collect even with them not making a effort to collect from previous employers

Brent T. Geers
Brent T. Geers answered on May 18, 2020

What matters is whether they have a valid judgment. Judgments may be renewed every 10 years. I would assume they did that and now that they've found you again, they can collect. You could look into filing a motion for installment payments with the court.

1 Answer | Asked in Civil Rights, Consumer Law and Small Claims for Michigan on
Q: Do lawyers defend consumers against mechanics in a civil suit, if so I need help locating one in my area.

A know Mechanic has incompleted the repair on my vehicle with engine light on running rough, squealing belt price ouges on invoice, discovered both (2) men are not licensed or certified, damed auto body from some type of accident and more than once. This mechanic had my vehicle for a month and 11... Read more »

Brent T. Geers
Brent T. Geers answered on May 15, 2020

It doesn't sound like you're defending; you would be the plaintiff. You should look for an attorney who does consumer protection.

1 Answer | Asked in Consumer Law for Michigan on
Q: Trying to receive refund from my child's preschool due to school shutdown for covid-19

I know these are unprecedented times we are all going through but long story short my son's baby and me program put on by a local independent preschool has been canceled since mid MarchI've contacted them asking for a refund for the days the school was not open since we paid upfront back... Read more »

Mark Bredow
Mark Bredow answered on May 5, 2020

I think that you would be hard-pressed to get a refund. First, read the agreement carefully. You have to look to see if there are any provisions that assign the risk of missed days? The agreement states that you have to pay for days that your child is not there. Many contracts of this kind have... Read more »

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: I have a question about a coupon being advertised.

A local car dealership has a sticker coupon on the newspaper, and it says bring in this sticky for 750 off the price of a vehicle. I was wondering if i take in 10 of them, if they would have to honor it. No where does it say one coupon per person or anything like that?

Trent Harris
Trent Harris answered on Apr 18, 2020

Absent a very specifically worded advertisement, an ad in a newspaper is not an offer to enter a contract that you can just accept by showing up with your coupon and saying "I accept." The ad is merely an invitation to deal. They would not need to give you more than $750 off any vehicle,... Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Michigan on
Q: Property owner in FL refused to refund $ on VRBO rental, can we get our money back?

Our home state, MI, issued Stay at Home Exec. Order.

Trent Harris
Trent Harris answered on Mar 26, 2020

You will need to refer to the language your VRBO contract. But most likely, no, you can't get your money back because the stay at home order (1) didn't cancel the effect of existing contracts, and (2) the Michigan stay at home order has no effect on the state of Florida. If you need... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Are there any exemptions to statute of limitations on a credit purchase from 2005?

I am apparently being sued for $1000+ from Kay Jewelers from 2005(I believe I paid it but since it was a $150 purchase and so long ago I don't have proof). It has never shown on my credit report as a collection and actually opened a new Kay Jewelers credit account a year ago with no issues.

Trent Harris
Trent Harris answered on Mar 24, 2020

Yes, there is a 6-year statute of limitations for breach of contract in Michigan. They would've needed to sue you by 2011. But if you are dealing with this now, chances are they already got their money judgment in court and if so, they can renew that every 10 years until the debt is paid.... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can consumers energy make my pay a bill from 2009

I was trying to get gas And a inform me that I had a bill from 2009 of $1500 But I moved out of that address in the end of 2008 they will not help me out is there a limitation on how far back they can go

Trent Harris
Trent Harris answered on Mar 13, 2020

That's a good question. If the debt was from 2008-2009, it's definitely past the statute of limitations. But the statute of limitations means only that Consumers can't sue you in a court of law now to collect the debt. It doesn't necessarily mean Consumers can't ask you to... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a Mobile Home Park Manager in Michigan, put LOCK-OUT on my Deceased Uncle's mobile home WITHOUT any Court Order?

My Uncle passed away WITHOUT a Will and only his name is on Title of mobile home. My Uncle's roommate/partner was also on lease & continued to live there until he passed away 1 year later. My cousins are next of kin & live out of state. Since my Uncle's assets are less than... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Mar 11, 2020

There are special rules about lockouts in a park when the tenant is deceased, or the landlord believes the tenant is deceased and there is no probate open.

I'd strongly urge you to consult with a local probate attorney and explore the details of those rules to determine if you need to...
Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: You didn’t answer the question what is the statues on the issue?

My question was what is the statute of limitations on a legal debt judgement in Michigan. What does the statues state is the time period a plaintiff can collect.

Adam Alexander
Adam Alexander answered on Feb 28, 2020

I don't understand: "what are the statutes on the issue". What does that mean?

I provided you with a general breakdown of garnishment law in Michigan (exempt funds), and I provided you with free advice on how to potentially stop the garnishment.

Maybe if you re-post...
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2 Answers | Asked in Consumer Law for Michigan on
Q: Being garnished now by a collector that received the judgement in 2013 and failed to collect.

I was never notified by the collection agency of garnishment. Only received a copy of the Writ of Periodic Garnishment from the cities auditing department after money was deducted for earnings. I received the document on Feb. 19th post marked Feb. 14th. Is the statute up on this? They failed... Read more »

Adam Alexander
Adam Alexander answered on Feb 28, 2020

If the money in your account is not exempt, (exempt funds, for example, are SS Disability and various retirement funds), the creditor is likely permitted to garnish. You may wish to file a Motion for Installment Payments with the court. In some cases, but not all, this type of Motion may stop the... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Collections for Michigan on
Q: Hi Sir.,My wife and I signed a auto loan contract in 2013 With a company called Santander.We feel this a bad loan.Since

Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00

Adam Alexander
Adam Alexander answered on Jan 14, 2020

Why do you feel this is a bad loan?

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

www.provenresource.com

1 Answer | Asked in Consumer Law for Michigan on
Q: A contractor was paid 147k to repair my home after a fire it is literally falling apart he refuses to return

My cieling is falling in carpet coming up doors have fallen off the hinges leaks in plumbing electrical problems just to name a few

Adam Alexander
Adam Alexander answered on Oct 14, 2019

Is your home habitable? I suggest you obtain an estimate to repair what the contractor failed or refused to repair. Then, seek legal counsel.

1 Answer | Asked in Real Estate Law, Consumer Law and Landlord - Tenant for Michigan on
Q: Who do I talk to about a realastate agency suing me, for properties they never fixed, while I lived there?

All Pro, the company I rented from for 7 years, never fixed anything that would break down. I moved from their in August, waiting and thinking I'd get some of my deposite back. Now that the home needs painting and carpet, they want me to pay for it, after I've already replaced many... Read more »

Trent Harris
Trent Harris answered on Oct 10, 2019

You would want to talk to a civil litigation attorney who is experienced in landlord tenant and collection defense. Or, you might consider filing bankruptcy, since it might be cheaper than defending the suit.

As to the merits of your case, you would probably need to have good proof that the...
Read more »

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