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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Business Formation, Consumer Law and Insurance Bad Faith for Michigan on
Q: Can a Financial Institution in Michigan add "Forced Place Insurance" on an Auto loan in light of the Wells Fargo suit?

On August 20, 2015, I entered into an Used Car Loan with People's Driven Credit Union (PDCU) in Southfield, MI for less than a $20k loan at 2.49% via Champs Auto Sales in Detroit, MI. My down payment was $5k & for six months I made timely payments of $420 ($2,520) then PDCU Forced Placed... View More

Adam Alexander
Adam Alexander
answered on Apr 20, 2018

If your auto loan has a provision permitting forced-placed insurance it is likely legal and enforceable. Did you let your insurance policy lapse? Or did you not carry the minimum amount of coverage called for in the contract? If so, the CU may be able to force it. I would have to read the contract... View More

1 Answer | Asked in Contracts and Consumer Law for Michigan on
Q: My travel trailer is past due and the company that matched me with a buyer will not repossess from the party that has it

In 2016 I agreed to allow someone that Coast to Coast RV and Coach matched me with to assume my trailer payments. We signed a contract and the contract states that if the buyer defaults coast to coast will repossess the trailer at their expense and try to match me with a new buyer. Now the... View More

Adam Alexander
Adam Alexander
answered on Apr 4, 2018

I suggest you contact a consumer lawyer in Michigan to review the contract you have with Coast to Coast. Your legal rights largely depend on the contractual language.

1 Answer | Asked in Consumer Law and Collections for Michigan on
Q: How much can collection agencies add in fees/interest on top of an original principal balance owed?

I have a debt that was turned over to a collection agency. They added over $800 for Collection Cost. What governs how much they can add and how much I should really pay them?

Adam Alexander
Adam Alexander
answered on Mar 28, 2018

Generally the original contract will govern the potential collection costs. But State and Federal law may limit the collector. I would advise you to let a consumer protection lawyer review all relevant documents before you negotiate with this debt collector.

1 Answer | Asked in Consumer Law, Small Claims, Contracts and Collections for Michigan on
Q: I defaulted on an auto loan 5 years ago. Has been charged off and removed from credit report for 2 years.

Will they ever come take the vehicle.

Adam Alexander
Adam Alexander
answered on Mar 12, 2018

Depending on the year/make/model of the vehicle, they may or may not try to repossess it. However, keep in mind they don't have to repossess it to sue you or attempt to collect the debt. You are fortunate that it is not on your credit report. I suspect at some point a debt collector will be... View More

2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for Michigan on
Q: Can I use the Statue of Limitations MCL 600.5807 for my form MC03 summons in a Civil Judgement?

I purchased a home in 2006, which had 2 mortgages 80/20. The 80% lender foreclosed on the home in 2008 and I do not know what happened to the 20% lender. In October of 2017, I received a letter from a bank stating that they were the owners of the 20% mortgage and they wanted to collect a little... View More

Adam Alexander
Adam Alexander
answered on Feb 5, 2018

The 10 year SOL is calculated from the date of default. You have to figure out when your last payment was made and the run date will be 60 or 90 days after that (probably). If you don't have this information you can likely get it from the Plaintiff's lawyer.

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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: making payments on a car, rent to own. missed two payments, can I get my money back if they take car from me?
Adam Alexander
Adam Alexander
answered on Jan 22, 2018

No. Your car payment is similar to a mortgage payment. Each payment is applied to the balance of your loan. If you miss a payment, you are in default and generally speaking, they now have the right to repossess. The law does not provide for reimbursement of any payments you made.

1 Answer | Asked in Consumer Law and Real Estate Law for Michigan on
Q: A water mitigation company put a lien on my house, the RBL used on the lien was not active at the time of the work

Is the lien valid?

David Soble
David Soble
answered on Jan 18, 2018

"RBL" as in a loan? Reverse based lending? Please clarify so that I can address your concern.

1 Answer | Asked in Consumer Law for Michigan on
Q: Can someone change my status on a cosigned car loan from co-signer too primary lender without your permission.

Or knowledge.

Adam Alexander
Adam Alexander
answered on Jan 6, 2018

I am curious as to when this happened, and who this "someone" was. I am guessing the seller modified the loan documents to get the financing approved. If you are saying your signature was forged, you may have a case and you should contact a consumer protection attorney to discuss your... View More

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Bought a used car but then received letter from bank saying denied financing.

Husband and I bought a used car in October. Paid $800 and signed all the paperwork. Got told what bank we are financed through. Did not get a bill or registration. Called dealer multiple times and he ignored us or said he will look into it, nothing. Got a letter from supposed finance company saying... View More

Adam Alexander
Adam Alexander
answered on Dec 25, 2017

You should speak with a consumer lawyer as soon as possible. If you haven't made any payments you risk damaging your credit. (I also urge you to obtain your current credit reports - the lawyer will want to see these.

You are likely a victim of a "spot delivery". Whether you...
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1 Answer | Asked in Consumer Law for Michigan on
Q: Can you recommend lawyer for michigan credit card company got judgement on our property
Adam Alexander
Adam Alexander
answered on Dec 21, 2017

The answer to your question depends on your goals. Are you are seeking a bankruptcy lawyer? If you are trying to negotiate the debt to eliminate a lien or judgment, that may be another kind of lawyer. If you believe that the judgment is unfair or unlawful, maybe you are looking for an FDCPA... View More

1 Answer | Asked in Car Accidents and Consumer Law for Michigan on
Q: the auto shop did extra thing to my car that I did not ask for, and they want me to pay for it. How to deal with that?
Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

If you didn't ask for them find out why they get to add it in if not in the writeup of the estimate, which hopefully you kept a copy of. Don't give them your copy --go in with a copy of that.

1 Answer | Asked in Banking, Business Law, Consumer Law and Bankruptcy for Michigan on
Q: 100 percent net pay taken from bank account right after payday. What can I do?

I was layed off from a job and I had to take a job for less. 1600 a month differance. I could not afford my discover card payments anymore and im on welfare now. I tried on several occasions to make payment arrangements but the refused. They could not garnish my paycheck because years ago i chose... View More

Robert Keyes
Robert Keyes
answered on Dec 12, 2017

Sounds like a prime candidate for a bankruptcy.

1 Answer | Asked in Consumer Law and Products Liability for Michigan on
Q: Walgreens pharmacy sold us 3 month expired infant probiotics given to our 3 week old causing respiratory issues?

Purchased about a week ago. Mother and i are extremely upset and would like to sue if it is at all poasible

Adam Alexander
Adam Alexander
answered on Nov 16, 2017

I am sorry to hear this news. You should contact an attorney as soon as possible to provide more facts about this incident. Generally, injury to babies in Michigan lead to recovery of money damages. However, you must first prove liability and damages. Whether you can prove these elements depends... View More

1 Answer | Asked in Personal Injury and Consumer Law for Michigan on
Q: Hi I was given a package by a post office worker at the actual post office counter. A USPS worker that was not addressed

Hi I was given a package by a post office worker at the actual post office counter. A USPS worker that was not addressed to me and was not in my name with out showing any sort of id. It was actually addressed to the postoffice itself to a fake alias.I was wondering if there was a proceedure law or... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Not sure why you got the package. You can turn it over to the police.

1 Answer | Asked in Bankruptcy and Consumer Law for Michigan on
Q: Can I file bankruptcy on behalf of my son?

I am currently the Payee Representative for my son and he has 3 delinquent accounts thru Synchrony Bank.2 of the accounts already have went into collections. Synchrony Bank will not work with me.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 26, 2017

You would need to have power of attorney to do that. Being a payee representative usually connotes a minor or impaired person on SSDI. If that is true, then the bills should be paid for by you. Please seek assistance with this in your jurisdiction.

1 Answer | Asked in Banking and Consumer Law for Michigan on
Q: can a bank bounce a check in wrote when I had deposited the funds (check in my account 2 days prior) and the check

had cleared from the payers account. the check I deposited was on the 28th, shows is my father's account as a debit on the 28th and the check I wrote was submitted to my bank on the 30th. they put my account on hold and didn't give me the funds, then instead of holding the check I wrote,... View More

Adam Alexander
Adam Alexander
answered on Sep 21, 2017

I suggest you get a copy of all your bank transactions from one week prior to the incident to one week after the incident. Then contact a consumer lawyer in your area and provide him/her with a detailed summary of events and a copy of the bank transactions. Essentially, more information is needed... View More

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 Consumer Law for Michigan on
Q: If a settlement was put on the record in Michigan and the written order never signed by anyone, is it enforceable?

A settlement was put on record, Judge said attorney's had 7 days to enter written order. Attorneys did nothing and judge dismissed the case completely.

Is the settlement on the record enforceable?

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2017

You'd have to look closely at the order dismissing the case. It's possible that the settlement could be enforceable, but the case itself is dismissed. To enforce the settlement, the party would need to start a post-judgment action, and would likely need to pull a copy of the transcript to... View More

2 Answers | Asked in Contracts, Products Liability, Small Claims and Consumer Law for Michigan on
Q: T Mobile owes me over 200 for a defective phone that I returned to them & they charged me for it. It's been 5 months.

My husband and I have called several times gone to the T Mobile store several times and they keep giving us the run around. I have the receipt from UPS receiving it back. They have lied and lied and lied again. What should we do? We feel like the only way that we will get our money back is with... View More

Adam Alexander
Adam Alexander
answered on Jun 24, 2017

I suggest small claims court. It is inexpensive and you can recover your filing fee as well. The hearing is relatively informal so you do not have to know legal terminology. Remember "The People's Court" with Judge Wapner? Same concept. Bring your evidence and be ready to argue.... View More

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1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Consumer Law for Michigan on
Q: Does "best of my knowledge and belief" also cover recollection?

*****I am in the process of applying for life insurance.*****

During the process, I am asked to provide fairly detailed answers to the health questions (dates, numbers of dosages taken, etc.). And, some of the answers are about things that happened 15 or 20 years ago. At the end of the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 23, 2017

If you told them "I don't know" and they pressed you to provide an answer anyway, they are probably not to be trusted.

If you said 'I don't know exactly' and they said 'can you provide an approximate time frame' that would be appropriate....
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