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Michigan Debtor And Creditor Legal Questions

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38 legal questions have been posted about debtor and creditor by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include collections, and creditors rights. All topics and other states can be accessed in the dropdowns below.
Michigan Debtor And Creditor Questions & Legal Answers
Do you have any Michigan Debtor And Creditor questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 38 previously answered Michigan Debtor And Creditor questions.
Debtor and Creditor
Michigan

Recent Legal Answers

I have an old lean on my house can't seem to find out how to remove it from deed .The court document shows it expired in 2015

Answered a year and 9 months ago by attorney Gilbert Borman   |   1 Answer
Except for tax liens, all Liens expire or must be discharged. I am not sure if it is still in effect, I would have to see the title on it. my email is g b at borman dot net, I can take a look at it and advise you
Except for tax liens, all Liens expire or must be discharged. I am not sure if it is still in effect, I would have to see the title on it. my email... Read More

How long can I be garnished for a past debt?

Answered a year and 10 months ago by attorney Gilbert Borman   |   1 Answer
you need to file an objection to garnishment look for the SCOA form
you need to file an objection to garnishment look for the SCOA form

How can I get my son to reimburse my money?

Answered 2 years and 5 months ago by attorney Gilbert Borman   |   1 Answer
Unless there is some writing acknowledging the debt, you will have a hard time enforcing his promise. You would have to take him to court. This is not a case I could take on.
Unless there is some writing acknowledging the debt, you will have a hard time enforcing his promise. You would have to take him to court. This is... Read More

I loaned money, when he paid me back his check bounced. I filed Civil case in Plymouth, MI, and he was served, but ignored, what is my next step?

Answered 2 years and 6 months ago by attorney Gilbert Borman   |   1 Answer
A lawyer can help you secure your rights. The matter is not hard to do and their failure to appear makes things pretty simple. Not sure how much is owed but you can seek attorney fees in any judgment. My email is gb@borman.net if you want to be in touch.
A lawyer can help you secure your rights. The matter is not hard to do and their failure to appear makes things pretty simple. Not sure how much is... Read More

I need to know if I will be facing legal action

Answered 2 years and 7 months ago by attorney J. Allen Fiorletta   |   2 Answers
Based on the information that you have provided, it is my opinion 99.99% that this person is lying to you and trying to scam you. I would end all contact with this person by blocking their emails and all other means of communication. If they do contact you I would inform them that you will contact law enforcement if they contact you again. It is my opinion that you have nothing to worry about. Enjoy your weekend.... Read More
Based on the information that you have provided, it is my opinion 99.99% that this person is lying to you and trying to scam you. I would end all... Read More

What happens if a settlement agreement doesn't have any teeth i.e default language, penalties or enforcement of agreement?

Answered 2 years and 8 months ago by attorney Gilbert Borman   |   1 Answer
If the payer is in default on the settlement, either your current lawyer must agree to enforce or  you will need another lawyer to handle collection. again, the Settlement Agreement is controlling. good luck
If the payer is in default on the settlement, either your current lawyer must agree to enforce or  you will need another lawyer to handle... Read More

If you are in a chapter 13 for over a year that was never confirmed, what happens to the payments the debtor made directly to the creditor.

Answered 2 years and 9 months ago by attorney Gilbert Borman   |   1 Answer
All payments made to the Creditor must be accounted for. Failure to do so violates the FDCPA. If you are in need of legal counsel on this, please contact your bankruptcy counsel first or feel free to reach out to me.  Creditors are more flexible in negotiating with counsel. If you do plan on settling, having an amount of cash to start any payoff is very helpful.... Read More
All payments made to the Creditor must be accounted for. Failure to do so violates the FDCPA. If you are in need of legal counsel on this, please... Read More

Should i contac the firm

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
You could be the victim of identity theft (if someone took a loan pledging your home for the HVAC system). Or it could be an unscrupulous HVAC company trying to sell you a system. Or it could be an scrupulous finance company trying to sell you a loan. It is 1 of those three- be careful, figure out which it is, someone sent a false statement through the mail, you can report them to the FTC, Michigan AG consumer protection and or post office.... Read More
You could be the victim of identity theft (if someone took a loan pledging your home for the HVAC system). Or it could be an unscrupulous HVAC... Read More

Are mortgage companies required to send you a notice of a payment increase (with amount) prior to doing so and a time frame for that to occur?

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
These are RESPA violations. They are REQUIRED to send statements. They are REQUIRED to send Notices of rate increases. "The creditor, assignee, or servicer of an adjustable-rate mortgage shall provide consumers with disclosures, as described in this paragraph (c), in connection with the adjustment of interest rates pursuant to the loan contract that results in a corresponding adjustment to the payment. To the extent that other provisions of this subpart C govern the disclosures required by this paragraph (c), those provisions apply to assignees and servicers as well as to creditors." They are the Creditor or Servicer. Under 12 CFR § 1026.20(c), they are REQUIRED to serve notice. This does not prevent them collection activities. But if they report you as late or behind, it hurts your credit score. You might need legal help on this. You can reach out to the State Bar Lawyer referral service or contact me 248 353 5555.... Read More
These are RESPA violations. They are REQUIRED to send statements. They are REQUIRED to send Notices of rate increases. "The creditor, assignee, or... Read More

Auto Repossession

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
If they accelerated the full balance of the loan, the only thing you can do is somehow get a new loan and them off. Usually, they just require you to resinstate, paying all owed payments. If you can come up with the cash to reinstate you can call and see if they will reinstate the loan. Best of luck to you.... Read More
If they accelerated the full balance of the loan, the only thing you can do is somehow get a new loan and them off. Usually, they just require you to... Read More

if the credit card owner expired, does the spouse needs to pay his debts?

Answered 3 years ago by attorney Gilbert Borman   |   1 Answer
If the card was only in the card holder's name and not the spouse, the spouse is not liable but the estate of the deceased is liable on the card
If the card was only in the card holder's name and not the spouse, the spouse is not liable but the estate of the deceased is liable on the card

Denial of payment

Answered 3 years and 4 months ago by attorney Gilbert Borman   |   1 Answer
you will have to hire counsel on this   their behavior is outrageous   this is a case of unjust enrichment
you will have to hire counsel on this   their behavior is outrageous   this is a case of unjust enrichment

Am denied a home equity loan on false premises.

Answered 3 years and 6 months ago by attorney Gilbert Borman   |   1 Answer
Dear Mrs. McGee, The while banks can turn someone down for reasons of credit score or risk, you sound like you may be being discrimated against because of your age. Such a lawsuit might take a good deal of time to win but it might also be a class action case. You definitely need a lawyer who specializes in suing banks. If you need a reference, I am happy to provide it. Sincerely,   Gilbert Borman... Read More
Dear Mrs. McGee, The while banks can turn someone down for reasons of credit score or risk, you sound like you may be being discrimated against... Read More

my car is paid off and it’s no lien on the car anymore how do i get my sister name off the title of car she’s a co-signer on it

Answered 3 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
She has to sign title over to you. Simple as that. The green from the state is title, then you have to take to the Sec. of State. Make sure you record the mileage PERFECTLY- there are 6 boxes- leave the leftmost box EMPTY unless you have more than 100,000 miles on the car.  good luck ... Read More
She has to sign title over to you. Simple as that. The green from the state is title, then you have to take to the Sec. of State. Make sure you... Read More

My father passed away he had a will we had go through probate why do we get stuck paying his credit cards?

Answered 4 years ago by attorney Gilbert Borman   |   1 Answer
Credit cards are the legal debts of the estate.
Credit cards are the legal debts of the estate.

Is this fraud?

Answered 4 years and 5 months ago by attorney Gilbert Borman   |   1 Answer
When your dad had you sign his name with permission, you acted as he his Attorney-in-Fact and he is bound by the agreement and is jointly and severally liable with you for the loans.  
When your dad had you sign his name with permission, you acted as he his Attorney-in-Fact and he is bound by the agreement and is jointly and... Read More

Is this legal to do?

Answered 4 years and 5 months ago by attorney Gilbert Borman   |   1 Answer
Your father cannot waive liablity on the loans unless he can show fraud on your part. He can be mad but that does not resolve joint and several liability on a loan.
Your father cannot waive liablity on the loans unless he can show fraud on your part. He can be mad but that does not resolve joint and several... Read More

Is this a scam?

Answered 4 years and 6 months ago by attorney Gilbert Borman   |   1 Answer
Depending on the exact debt, you may have a cause of action under the Fair Debt Collections Practices Act. FDCPA bans certain unlawful and unethical collections practices. On the face of the facts as presented, it is not clear the debt is owed and they are still trying to collect. It also appears they may have made false statements to do so.  A creditor can sue but if the debt is old or not owed or creditor breaks the law in the process of collecting, the creditor can be liable for damages and attorney fees.  Our firm has a great deal of FDCPA experience and we would be happy to give you free consultation.... Read More
Depending on the exact debt, you may have a cause of action under the Fair Debt Collections Practices Act. FDCPA bans certain unlawful and unethical... Read More

When an auto loan is scheduled to end and the balance won't be paid.

Answered 4 years and 7 months ago by attorney Gilbert Borman   |   1 Answer
The leander's security interest in the vehicle will most likely be found if you go to sell or borrow against the vehicle. The secured interest continues regardless of where the car is.   Good luck!
The leander's security interest in the vehicle will most likely be found if you go to sell or borrow against the vehicle. The secured interest... Read More

My name is NOT on the title of our house, though married. I were to have an enormous debt, can they come after my husbands house for my debt

Answered 4 years and 8 months ago by attorney Gilbert Borman   |   1 Answer
If you were married at the time the house was bought, you may have Dower Rights in the property. If he had the home prior to the marriage, the home should be safe from your individual creditors. Michigan permits marital estates in land which are usually (with some exceptions) judgment proof except to jointly created debts (like mortgages).... Read More
If you were married at the time the house was bought, you may have Dower Rights in the property. If he had the home prior to the marriage, the home... Read More

predatory lending

Answered 8 years and 8 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
Take the paperwork to a good local lawyer right away. There may be some relief that can be had. Good Luck.
Take the paperwork to a good local lawyer right away. There may be some relief that can be had. Good Luck.

If a person who files a complaint against another dies, what happens to the complaint?

Answered 8 years and 10 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
What is the status of the matter? By "complaint", do you mean in a Court? Was a Judgment entered? :If so, that judgment becomes an asset of the estate of the deceased person. However, if his family is unaware of it, it may, eventually go away. Your best bet is to speak with a good local lawyer. Good luck.... Read More
What is the status of the matter? By "complaint", do you mean in a Court? Was a Judgment entered? :If so, that judgment becomes an asset of the... Read More

Want to know if I can get my financial aid forgiven because the school had a lawsuit proving they falsified their advertisement.

Answered 8 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
If you borrowed directly from the school (or from some entity tied to the school somehow), you might have a chance, but if the money came from outside, it was you, not the lender, who decided to use it at the wrong school, so you can't get it cancelled because of your poor choice. Sorry.
If you borrowed directly from the school (or from some entity tied to the school somehow), you might have a chance, but if the money came from... Read More

How do I find fix my mortgage situation

Answered 8 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
Get a lawyer to help you and act quickly. Most mortgage holders would rather take your money and continue getting paid monthly than foreclosing, but you often have to work hard to get to the person with the authority to take money and reinstate the mortgage. Good Luck.
Get a lawyer to help you and act quickly. Most mortgage holders would rather take your money and continue getting paid monthly than foreclosing, but... Read More

Served legal documents from Ally Financial for truck I never lease truck. same name with middle intial. Now served motion for possession I call them

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer
Unfortunately, given that you have been served with formal legal papers, you CANNOT ignore them. You must respond to them appropriately and timely. Sorry. Get a good lawyer
Unfortunately, given that you have been served with formal legal papers, you CANNOT ignore them. You must respond to them appropriately and timely.... Read More
Debtor and Creditor
Michigan

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