Dani K. Liblang's Answers

I paid a car repair shop $875 six months ago for repairs to my car that I purchased from them.

Without knowing more about the terms of the sale, it is difficult to advise you as to what recourse you might have with respect to any express or implies warranties. That said, it does sound like you might have recourse under Michigan's Motor Vehicle Service and Repair Act (MCL 257.1331 et seq). Under the Act it is an unfair and deceptive practice to take an unreasonably long time to repair. It is also illegal to misrepresent material facts - such as the nature of the repairs performed, the...

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I am being sued for credit debt i do not owe, i cannot afford to pay a lawyer for lengthy process. is bankruptcy my best option

Under the Fair Debt Collection Practices Act, and Michigan's Collection Practices Act, the collection agency can be held strictly liable for attempting to collect a debt that is not owed and/or misrepresenting the legal status of a debt. Given that you have a police report and an affidavit, the collection agency would be hard-pressed to claim that its conduct resulted from a "bona fide" error. There are many attorneys who wil handle the defense of the collection action at little or no charge in...

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I was fired for no reason, also injured on job, owed money

You need to consult with a worker's compensation attorney. Your employer is required to have worker's compensation insurance which should cover medical bills for job-related injuries. If the employer did not have insurance, there are serious penalties against the employer. If you were terminated because of your work-related injury, you may also have a retaliation claim. As for the unpaid sick and vacation time, you might be able to find an attorney to help you even if the amount involved is...

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A company was soliciting in the area for damaged from hail storm. I signed with them (no price on contract)

I agree with the other attorneys who have said that it is impossible to give you good advice without having reviewed the contract. That said, Michigan has a Home Solictation Act, MCL 445.111, et seq, Under most circumstances, the homeowner must be given until the end of the third business day to cancel the contract [MCL 445.112]. If the seller did not provide proper notice of this right (the notice must be in writing and must comply with the specific language set out in MCL 445.113), then the...

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Is it illegal for an original creditor to use spoofing technology (Fake names on caller IDs) to contact an alleged debtor?

Michigan's Collection Practices Act applies to original creditors - and as you suspect, spoofing is an unfair practice. Although not as generous as the FDCPA with respect to statutory damages, the state statute does allow for recovery of actual damages, double damages for a willful violation, as well as recovery of your costs and attorney fees.

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Debt collection

Your best bet would be to contact an attorney immediately. If the summons and complaint were not properly served on you, you have the right to have the default set aside. You must act immediately to avoid having a judgment entered against you. The reason you should consult an attorney is that you may have defenses to this alleged debt even if you owed the money at one time. Debt collectors who are not the original creditor often do not have the proper evidence to prove their case. They also...

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Can they arrest me for a debt?

No, they cannot arrest you for a debt. This type of threat is illegal under the Fair Debt Collection Practices Act (assuming that the Litigation Company is not the original creditor) and is illegal under Michigan's Collection Practices Acts regardless of whether the Litigation Company is trying to collect on its own behalf or on behalf of someone else. The practices you mention are illegal even if you actually do owe the debt. Under the statutes I mention, you are entitled to actual or...

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I co-signed for a car for someone, if they are not making payment or only making partial payments can I take the loan and car

By law, the creditor must give you notice and at least 30 days to bring the payments current before reporting any adverse information on your credit report. See, MCL 445.272. I'm assuming, based on your question, that the person in possession of the vehicle will not agree to give it to you voluntarily, even if you decide to make the payments in order to avoid damage to your credit. I'm also assuming that you are only on the contract as a co-signer, and that you are not named on the title. If...

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Is there a statute of limitations on utility bills.

Michigan's statute of limitations is six years. As long as the last payment on the account was made more than six years ago, it is too late to collect from you. (Note: making a payment on the account revives the statute of limitations, so do NOT make even a small payment if you want to avoid getting stuck with this bill.)

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Can a creditor serve me with court papers on a debt that has been discharged in a bankruptcy?

Given that the company was on notice of the bankruptcy, it is fairly certain that you would win if you decide to pursue a claim for violation of the bankruptcy stay. In addition to having the collection suit stopped, you would be entitled to damages, penalties, plus your costs and attorney fees. There is really no downside to going after this company.