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Allan M. Darish

Allan Darish’s Answers

545 total


  • Our co. received garnishment o1 yr ago but the employee had a higher writ. Now lawyer wants to challenge it? Can he? after a yr

    How long can a garnishment lawyer go back after an employer for a garnishment if they haven't filed any further paperwork with us for a year? Is their so rules we could review?

    Allan’s Answer

    A wage garnishment is good for 6 months in Michigan. So if you have one you are already "servicing" and you receive a second, your response tells the second that you already have a first one, and when it was served. See the disclosure form at the link below. In particular, see the instructions on the second page. Basically, if you have a wage garnishment that has been in effect for 4 months, and you get another wage garnishment, you pay on the first for the remaining 2 months, then pay on the second one for its remaining 4 months. It requires monitoring on the part of the employer, unfortunately. If the creditor has challenged how/when you paid (if you paid anything at all) you need to address it in court. Maybe the judge will cut you some slack, maybe not. Maybe you get the employee involved and work something out between everyone. That is probably the best route to take. God luck!

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  • Parents require me to mow the lawn in order to stay in their house. Does that count as rent?

    Parents are threatening to kick me out, telling me "You are a guest. You do not pay rent. We don't have to give you a thirty day notice." However, one of their requirements of living here is that I have to mow the lawn. Based upon the definition o...

    Allan’s Answer

    I think your statement lacks sufficient information to give you a complete answer. You have not told why your parents are threatening to kick you out. That is really the crux of the matter. If you are over 18,you are considered an adult. With that comes adult responsibilities. Parents, as owners of the house, have a right to set rules for those who live there. This is true of anyone who owns property - if you owned a house, you would have a right to tell your guests not to smoke indoors, and that the party ends at midnight. If you don't agree with those rules, you can either negotiate some compromise, or go live somewhere else where the rules are more to your liking. Your questions focus on ways to make it more difficult for your parents to enforce their rules if you continue to ignore them. While you may gain some small advantage in the short run by forcing them to give you a 30 day notice to quit, you are ignoring the adult issue of respecting the rights of others as they relates to their persons and property. Continuing to discount or ignore those rights could eventually lead to a situation where YOU are the subject of the court's attention in ways that will guarantee you have a place to stay and meals to eat for longer than you might wish.

    The realization that the world does not revolve around you or owe you anything is one we must all come to grips with as we get older and become adults. Parents try to help with the transition, but sometimes the road is bumpy. If thy have acted in your best interests all your life, it is likely they are still trying to do so with the rules they have set. Try to have a calm discussion with them about the "rules", tell them how you feel they should be changed to be more fair to you, and be willing to back up your positions with reasonable and logical arguments. If a compromise can't be reached, understand that you may need to move in a different direction, and do it the "right" way, not by leaving with hard feelings between you and your parents, but through having a plan about where you will go, how you will pay your way, and how you will get there. Because, that's what adults do - they deal with life's hardships as they come, and do that in the best way that they can. Good luck!

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  • My sister has presented two claims against my Fathers Trust totaling over $47,000.00. Dad made me Trustee of the Trust.

    My sister went to probate court, told numerous lies to the Judge and got Guardianship/Conservator ship of Dad. Sister told me in November after Dad died that she would leave me alone if I gave her $5,000.00. I had planned to do so after the Trus...

    Allan’s Answer

    It is unclear from your statement whether your father is still alive or not. You also do not state what the basis of the claims might be. If they are based on valid expenses associated with the care of your father, then you may have to give them consideration. If your father has passed away, then your sister's powers as guardian/conservator have ended. There are a lot of details that could affect how this plays out, and if the trust gives you authority to hire and pay an attorney to assist with trust administration, this may be a good time to meet with an attorney. If the attorney who drafted the trust is available, that may be a good place to start. Good luck!

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  • Is it legal for a collection agency not to send me invoice/satisfaction of judgement from agency after payment made in full?

    I have a collection debt from an old credit card. The company handling the debt took out a judgement against me back in Jan 2014. I called today to pay in full so I can be done with this. I asked if they would be sending me a letter from their off...

    Allan’s Answer

    Asking for confirmation in writing of the amount necessary to pay off a judgment is not unreasonable. If they receive full payment they are required to file a satisfaction of judgment with the court, and the court would send you a copy. If they won't give you something in writing, but are willing to give you a payoff amount as of a specific date, send THEM a letter, confirming the conversation (include the person's name you talked to if possible), include the check, and send it to hem by certified mail, so they have to sign for it. Also request that they file a satisfaction of judgment so he court file can be closed. Good luck!

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  • My husband passed away, do I need to pay the loans that was in his name only? They are all no collateral loans. I live in Mich

    I do not have enough money coming in to make all these payments , plus I have medical bills left from him I still need to pay. He died very suddenly of a rare cancer, he was only 65.

    Allan’s Answer

    I am sorry for your loss. Do not feel obligated to pay on loans that were in your husband's name alone. You have no legal responsibility for them. Send a letter to the creditors advising them of his death, include a copy of the death certificate, ask that they note their records and tell them that in the event that a probate estate is opened, they will be notified. Also tell them to discontinue any further collection efforts directed at you. Unless you signed something to accept responsibility for your husband's hospital bills, you are not responsible for them, either. Send them the same form letter described above.

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  • Can I keep both car loans when I file bankruptcy? Can I keep my tax refund after filing?

    Wishing to file due to medical bills and credit card debt. I have two car loans which I wish to keep paying on. Both loans are current and paid up to date. One is in my name alone and the other I have a cosigner, my husband, who will not be fil...

    Allan’s Answer

    There are a few details that need to be known to answer your questions specifically. Trustee practices vary from state to state, and even within a state. For the cars, there is a process called reaffirmation - you and the creditor sign an agreement (this is for Chapter 7 cases) that is filed with the court. It states that the debts will survive bankruptcy. meaning, if you fail to make payments after your case is over, the lender can repossess the vehicle, sell it, and sue you for the shortfall. Household income comes into play, so discussing that with a bankruptcy attorney will give you a more specific answer on the cars. As to the tax return - the bankruptcy code provides exemptions which you use to protect certain property. You can use what is referred to as "wildcard" exemption to protect things like an anticipated tax return. Your interest in a tax return can be pro-rated based on your income vs your husband's, as well as where you are in the tax year. The later in the year you file your bankruptcy, the more of your anticipated refund has been "earned". Again, knowing what other things you have that need protecting goes into providing a more specific answer. Talk to a consumer bankruptcy attorney - most usually provide a free initial consultation. These questions, and others that you may not have thought of, will usually get addressed at such a consultation. Good luck!

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  • I was sued for nonpayment of a credit card by Capital One Bank and the attorney has yet to give a balance on what I owe.

    I have paid over $6000.00 towards my account, but to this day, I have not received any account balance on this account. I have no idea what my balance is, I have made requests almost every month for an account balance without success. I filed a co...

    Allan’s Answer

    You can file a motion in the court that issued the judgment and request an accounting. Advise the court of your payments, if it is in excess of the judgment, keep in mind the plaintiff can charge interest based on the account agreement.

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  • I need to change the trustee on a revocable living trust.

    Presently the trustee is my father. He is in the first stages of dementia. He wants to designate me as trustee. I am already his living power of attorney. Can I just fill out a form I found online and both of us sign it? The paper work I foun...

    Allan’s Answer

    Generic legal documents found on the internet usually end up causing more problems than they solve. The existing trust may already contain provisions covering this situation. Consulting with the attorney who drafted the original trust documents may allow you to make the necessary transition in a way that is consistent with the existing trust. If that attorney is not available, reviewing the matter with a new attorney who can assist on issues going forward would be advisable. Given the responsibilities (and potential liability) that you would face as a fiduciary of your father's trust, trying to do this on your own could lead to serious consequences. The trust may allow for legal fees to be paid by the trust, so don't let the cost of a consult prevent you from proceeding properly. Good luck!

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  • What charges can I face for throwing a party in someone else's property without permission?

    I'm a real estate agent who abused my license and used another agent's listing to throw a party in. Cops were called within a few hours. Detectives informed me that I would only be charged if the owner decides to proceed with charging me. They als...

    Allan’s Answer

    Look to the multi-list agreement. Are there time limits as to how long a selling agent can be in a house? Are you limited as to the number of people you can show the house to at one time? Were there any damages or items missing? I ask these questions in the event that you end up fighting about this. A sincere apology with an offer to do something for the homeowner (have the carpets cleaned, pay for some lawn mowing or landscaping, etc.) may be the best solution that prevents criminal charges from being filed. I think you need t post this question under Criminal Defense to get a better idea what charges could be brought against you. You could also have your license suspended/revoked if a complaint is filed with the State licensing folks. Time to take a "Do the right thing." approach, and accept the consequences.

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  • Is credit card debt wiped clean upon the death of cardholder?

    I'm being harassed by a debt collector for one of my father's cards. The funeral home told me that credit card debt is wiped clean upon the death of the cardholder. Is this true?

    Allan’s Answer

    As stated by the other respondents, individual debt becomes uncollectible (unless there is a probate estate opened) upon the death of the borrower. The next time the creditor calls, perhaps you can offer to mail them a copy of your father's death certificate. That may allow them to close their file, especially if you advise them that no probate estate has been opened, nor is one expected to be opened. If you are not a co-signor, they have no legal avenue to collect from you. Advise them that they are violating federal and state debt collection laws, and if they continue you will seek out an attorney who will make them pay for their actions. Good luck!

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