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Michigan Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law, Divorce and Real Estate Law for Michigan on
Q: Ex wife did not refinance loan for house from divorce and mortgage just increased $10,000 w/o my sig. Is this legal

Ex-wife won the house and all debt associated in the divorce but there wasn't a timeline to refinance written in the agreement. I know she has been able to defer payments/remodify without my signature but this last Jan/Feb the loan balance increased by $10,000 and she bought a brand new... Read more »

Trent Harris
Trent Harris answered on Apr 22, 2019

The divorce decree is binding between you and your ex-spouse, and isn’t binding on the mortgage company. So they have the right to continue reporting the loan as yours, until it’s paid in full. That’s the first part.

But the second part is whether the loan documents you signed...
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1 Answer | Asked in Business Law, Consumer Law, Contracts and Juvenile Law for Michigan on
Q: Has the law been altered as of 2019?

I’m 15 and a tattoo artist told me that it’s the law that I have to be 16 to get a tattoo in Michigan.

Trent Harris
Trent Harris answered on Apr 13, 2019

There isn’t an age minimum, but if you’re a minor you’ll need your parent to come with you to the tattoo shop and give permission.

Here is a link to Michigan’s law on tattooing minors....
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1 Answer | Asked in Consumer Law for Michigan on
Q: I had a Providian credit card when I was eighteen.

They have taken money out of my paycheck and have taken at least six years of my income taxes. How can they take that much money on a card that only had a five hundred dollar credit limit I have paid thousands, this has gone on for eighteen years. Is there anything I can do to stop this

Trent Harris
Trent Harris answered on Mar 21, 2019

It’s likely that your credit card had a high interest rate, and judgment interest has continued to accrue while the judgment remained unpaid. The maximum judgment interest rate in Michigan is 13%, so that would cause your unpaid judgment to double every 5.5 years. A judgment is good for 10 years... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Michigan on
Q: What do you do if you are sold a new 2019 vehicle that is defected and it's not fixable? What should we expect next?

Out of curiosity after we bought it, I looked online to see if their photos had the defect before we bought it and I noticed it in their pictures, sadly, we were not notified of it and we did not notice it until later that same day. The defect is the drivers side sliding door that will not close... Read more »

Adam Alexander
Adam Alexander answered on Mar 16, 2019

Michigan's Lemon has strict requirements regarding the number of repairs required to qualify as a "Lemon":

It shall be presumed that a reasonable number of attempts have been undertaken to repair a defect or condition if 1 of the following occurs:

a) The same defect...
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2 Answers | Asked in Consumer Law and Lemon Law for Michigan on
Q: Can a used car lot deny a potential buyer the right to have a vehicle inspected by an independent party?

Interested in a particular vehicle at a used car lot but was told I will not be allowed to take the vehicle to another mechanic's location to have the mechanic inspect the vehicle. I need to know if this is legal in Michigan or not.

Trent Harris
Trent Harris answered on Feb 28, 2019

It may not be illegal, but it should be a red flag to any buyer. Take your business elsewhere.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such...
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1 Answer | Asked in Consumer Law for Michigan on
Q: If I am sued before the statute of limitation is up, but I am served afterwards, does the debt still count?

I am being sued for credit card debt in the state of Michigan. The last payment on the account was made in February 2013. The complaint was filed on September 24th 2018 and they filed an order for alternate service on January 2 2019. I was served February 6th 2019. Michigan's statute of... Read more »

Trent Harris
Trent Harris answered on Feb 19, 2019

The contract statute of limitations in Michigan is six years. Breach of the contract, and the cause of action arose, at the earliest when you failed to make a monthly payment in March 2013. The suit was filed timely. It’s the time of filing the suit, not service, that counts for statute of... Read more »

2 Answers | Asked in Consumer Law and Collections for Michigan on
Q: Was suing a coll agency for FDCPA under Sec 806, 807(b) and 809 (b). They've filed a not of removal to fed. look st law

Need to find the state laws governing this same law to amend the case for small claims.

David Soble
David Soble answered on Feb 17, 2019

You might want to consider the MICHIGAN OF FAIR DEBT COLLECTION ACT, MCL 339.915 which concerns multiple violations of the Michigan Occupation Code, and more specifically

MCL 339.918, entitled Communication with consumer; notice; effect of disputing validity of debt; verification of debt;...
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2 Answers | Asked in Consumer Law for Michigan on
Q: Can my 82 year old Mother break her auto lease and not be liable for the early return if she is going blind?

She has 2 years left on a three year lease. She can get a letter from her doctor.

Trent Harris
Trent Harris answered on Jan 22, 2019

If there is some sort of medical hardship language in the lease that says she can, then yes. If not, no. I would think such a provision would be extremely rare in most commercial auto leases. It’s not a risk most commercial lessors would want to take. Please refer to the terms of the lease to be... Read more »

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2 Answers | Asked in Consumer Law for Michigan on
Q: Can a cosigner be denied on my auto loan if they don't live at the same residents.

I was approved an auto loan by myself but was told my mother couldn't co-sign for me not living with her. Is this discrimination?

Trent Harris
Trent Harris answered on Jan 16, 2019

No, it’s not discrimination. You were approved for a loan on your own credit. There appears to be no reason for you to have a co-signer, regardless of who they are, or where they live. There is no right to add other people to loans you’ve already been approved for.

As always, you get...
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1 Answer | Asked in Consumer Law for Michigan on
Q: We're a small business and would like to advertise locally - what kind of consumer laws for ads should we be aware of?
Trent Harris
Trent Harris answered on Nov 23, 2018

It depends on what your business is selling. But generally, you should refrain from any advertising that is false or misleading, or that makes defamatory comments about your competitors and their products. Beyond that, you’ll need to be specific about the kind of business you’re in before... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: Is a written prescription required for a pharmacy to provide pricing under 333.17757 Michigan compiled law

My doctor recommends one of 3 drugs for treatment. He cannot provide pricing but recommends I check prices before he writes the prescription. My insurance cannot provide point of purchase pricing either. The pharmacies will not provide pricing unless I have a written or electronic prescription. My... Read more »

Trent Harris
Trent Harris answered on Nov 1, 2018

The text of the law doesn't require you to have a prescription before getting a price. The pharmacy's interpretation, while not completely unreasonable, doesn't appear to meet the text or the spirit of the law. My advice would be to contact the Michigan Consumer Protection Division... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue (small claims court) a corporation doing business in Michigan at my local district/circuit courthouse?

I have been unable to locate the statutes governing jurisdiction of where I can file the aforementioned lawsuit.

Trent Harris
Trent Harris answered on Oct 7, 2018

Here is the venue statute for Michigan. http://www.legislature.mi.gov/(S(mrmnjrzw5bkzjtbkhau2r4ik))/mileg.aspx?page=getObject&objectName=mcl-600-1621

It says you can sue the corporation in any county where it has a place of business, does business, or has its registered office. If none...
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1 Answer | Asked in Consumer Law for Michigan on
Q: If I have title and provenance to a vehicle, but someone has assumed physical possession, how can I get it back?

Bought an old, classic RV. Seller agreed I could leave it in his yard for some time to arrange transport. Agreed to keep my number in case it became a problem. I called in Feb to let him know I still did not know when I could get it. He said it was fine, to call when I could. I again asked him to... Read more »

Trent Harris
Trent Harris answered on Oct 1, 2018

You don't have a security agreement with the person who has possession of your RV now, so it appears that you don't have the right to self-help repossession. But if you have a tow company that will do it for you nevertheless, then more power to ya.

That said, you can anticipate...
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1 Answer | Asked in Consumer Law for Michigan on
Q: What are my options? I am on SSD. A judgement of 140,800.00 has been entered against me. My daughter was driving car

No insurance she suited state farm and they suited me. I was going thru a personal crisis Disassociate disorder. I was not capable of responsibility

Trent Harris
Trent Harris answered on Sep 21, 2018

If the judgment is recent, you might still have time to file an appeal. It's hard to say whether your personal crisis/dissaociative disorder would give you a defense. I'm assuming the car was yours.

In Michigan you can file an appeal by right for 21 days following the judgment....
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2 Answers | Asked in Consumer Law, Contracts, Products Liability and Real Estate Law for Michigan on
Q: What is filed in civil court veras small claims when the police refuse to go criminally after a contractor?

My contractor took money and did not do or finish jobs. Also found out he took money he claimed to give the subcontractor and didn't give him that money either. I am not over budget and 23 weeks behind. I want to go after the contractor and was told some of what he did was criminal and the... Read more »

Trent Harris
Trent Harris answered on Sep 20, 2018

If you are out more than $30,000 due to the contractor’s breach of contract, you’ll need to file suit in circuit court. The district court only covers claims up to $25,000, and small claims only up to $6,000.

As always, you get what you pay for. Be sure to talk to a qualified attorney...
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1 Answer | Asked in Consumer Law, Contracts, Divorce and Animal / Dog Law for Michigan on
Q: I've owned my ex girlfriends dog for 5 months. She wants him back now that I have a new girlfriend. What can I do?

He's licensed to her but she isn't his caregiver and doesn't take care of him. He lives with me. My new girlfriend and my family love him.

Trent Harris
Trent Harris answered on Sep 18, 2018

I guess it depends on why you were allowed to keep the dog after you broke up with ex-girlfriend. Did she tell you you could have the dog? Or was the dog with you temporarily, with an understanding that she could have it back? You said you’ve “owned” the dog for 5 months, which implies... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a repo company?, For a repo that wasn't peaceful on the Company Part?

Repo Company, was looking for my car, around July. My neighbor took a video an I also have a statements that the Repo Company told the BBB on what happened. And I also have screenshots that one of the repo drivers girlfriend messageing a friend of mine who lives in Florida, asking her where I work... Read more »

Trent Harris
Trent Harris answered on Sep 17, 2018

Michigan law allows a creditor, or their agent (repo company) to repossess a car using self-help if it can be done without breach of the peace. Breach of the peace usually means that you (the debtor) were there when the repo company came, and you clearly and vocally objected to the repossession... Read more »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Michigan on
Q: Contracted with Lowe's for roof install. Contractor didn't have certification for install or warranty. Damage occured.

Contract stated that a certain company would be the contractor and installer. Contractor on contract then subcontracted work but was unable to install the roof correctly. Contractor should have had master elite certification through GAF per the contract so that I could receive the silver warranty... Read more »

Trent Harris
Trent Harris answered on Sep 12, 2018

It sounds like you have a possible breach of contract case. Your contract with Lowe's probably includes provisions about what to do in the event of a dispute. You will need to follow the contract, including any procedures for alternate dispute resolution. Because Lowe's is a big company... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for Michigan on
Q: Deal went bad no specific evidence I have witnesses he claims he has imaginary witnesses. Not sure if I have case?

I agreed the person can have 9 logs for painting my home. A month later still not finished painting kept having excuses n i noticed when I needed some logs he took 11 extra 20 missing...I had one person on the phone they heard the deal the other person was sitting heard also but no one was watching... Read more »

Trent Harris
Trent Harris answered on Sep 12, 2018

Like many legal disputes, the situation you describe involves conflicting claims and evidence. In the abstract: yes, you could have a case. But practically speaking, I wouldn't go to court over being out $300. It isn't worth it. Resolve to never do business with that person again, you are... Read more »

2 Answers | Asked in Consumer Law for Michigan on
Q: Can students sue their university if their football team doesn't do well?
Adam Alexander
Adam Alexander answered on Sep 8, 2018

Basically, you can sue anyone for anything. I think you want to know if such a lawsuit would have merit and potentially be successful. Of course the answer is: "No". The two main components of a civil lawsuit are "liability" and "damages". A Plaintiff must initially... Read more »

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