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Michigan Consumer Law Questions & Answers
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...
Read more »

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 »

1 Answer | Asked in Consumer Law for Michigan on
Q: Married woman resident of Missouri try to check in local motel against Missouri law?

Married couple with three kids resident could not check in because of prostitution law

Trent Harris
Trent Harris answered on Oct 7, 2019

This discussion board is for consumer law in the state of Michigan, under Michigan law. Your question is about Missouri, and should be answered by someone who is licensed as an attorney in Missouri for Missouri law. I recommend you re-post your question to a discussion board for Missouri law.... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Bought service for $3200 that ended up being a total deception from what the salesman said it'd be. What can I do?

They're located in Renton Washington.

Mike Winters CEO & sales

They use very deceptive techniques to capture people's money. They do nothing it sounded like they were going to do and used deception to lead you to believe you're going to make a LOT of money,... Read more »

Trent Harris
Trent Harris answered on Jul 31, 2019

Get rich quick schemes are usually too good to be true. The old adage applies: buyer beware. It's difficult to answer your question without more detailed information. By generally, a contract can be voided for fraud or misrepresentation in the making of the contract. Whether that applies to... Read more »

1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
Q: Can Amazon be sued for identity theft? I keep getting rejections from Chase bank for Amazon credit I never applied for.

For the last few years, it's been a nightmare removing the negative inquiries from my credit report. Both Chase and Amazon blame each other. Chase claims they only get their applications electronically, directly from inside Amazon and must process them. Amazon claims there has not been a... Read more »

Adam Alexander
Adam Alexander answered on Jun 25, 2019

Have you completed an identity theft report and affidavit? If not, I suggest you do so. You can find one on the Federal Trade Commission website. You should also file a police report.

After you've done this, I suggest you send dispute letters to all three credit bureaus and enclosed...
Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Looking for a lawyer interested in taking on a pro bono case to defend against lawsuit from Ford, any suggestions?

My son's leased truck was repossessed a few months ago for two missed payments. Ford was unwilling to let my son make the payments and stood firm on the repossession. They have since sold the truck and are suing my son for $8000, the difference between what they say is the value of the truck... Read more »

Trent Harris
Trent Harris answered on May 14, 2019

In short, yes. An automobile lessor can sue for a deficiency judgment under the lease. If it's in the contract, then that money can be collected in court. If your son wishes to contest the lawsuit, he would need to be able to articulate why he shouldn't be liable to the lessor. Does he... Read more »

1 Answer | Asked in Constitutional Law, Consumer Law, Criminal Law and Real Estate Law for Michigan on
Q: Is it illegal for an agent to cash a money order deposit if we have not gotten an approval or keys to the house?

My husband and I met a Realitor who helped us find a house. We gave her a deposit and app fee. We never heard back from the Agent with an approval or denial. We found out that the money order was cashed, and we still have not received keys, approval, or a denial. Is this illegal? Do we have a... Read more »

Trent Harris
Trent Harris answered on May 2, 2019

It sounds like you're talking about a Realtor who helped you to find a rental home, as opposed to buying. It may not be illegal for the Realtor to cash the check. The Realtor, whether an agent for the landlord or for you, holds the funds in escrow/trust. But if you have not been approved for... Read more »

1 Answer | Asked in Consumer Law and Identity Theft for Michigan on
Q: I need a lawyer that deals with identity theft issues. Anyone know of someone in Michigan?

Someone created a paypal account using my SSN. Paypal never alerted me to this. They are rude and are still allowing this person to perform transactions under me even after me telling them it is not me. They never investigated this. Been going on since last Oct. 2018

Has this affected your... Read more »

Adam Alexander
Adam Alexander answered on Apr 29, 2019

Has this affected your credit? Are you getting collection letter or responsible for any debt?

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