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Allan M. Darish

Allan Darish’s Answers

551 total


  • I'm being sued by a debt collector what do I do?

    How do I file a answer properly.

    Allan’s Answer

    There is a form available from the court, or you can access it on-line at the link below. As to answering it properly, the summons will tell you how much time you have to answer (usually 21 days from the day you were served), but what should go into your answer depends on what is in the complaint. Having the complaint reviewed by a competent consumer debtor's attorney would help. There are many variables that go into these matters, and you may have a valid defense to the complaint. The Debt collector is not someone who can or will give you good advice - in fact, they may try to stall you with the hopes of negotiating a settlement just so they can take a default judgment against you. Have this looked at by a consumer bankruptcy attorney - at least you will get honest advice about what you need to do. Good luck!

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  • I sold my house for a cash offer. on the day of the closing the real estate agent was trying to find any reason to delay closing

    I sold my house for a cash offer. on the day of the closing the real estate agent was trying to find any reason to delay closing until he stated that i am not making things easy and his buyer has been trying to withdraw from the deal several times...

    Allan’s Answer

    Your description leads me to the following understanding of the facts - you sold your house, by yourself, without a real estate agent representing you. Buyers had an agent, who now wants to back out of the deal. You incurred expenses to set up a closing with the agent's closing company, he refuses to pay those expenses and expects you to eat them as his client no longer wants to go through with the deal, and the agent wants you to sign a release form. If these are the facts, then first, do not sign a release. The Purchase Agreement will govern your rights to recover the deposit and/or the expenses you have incurred. I would suggest having the Purchase Agreement reviewed by a competent real estate attorney, who may be able to obtain your deposit recover your expenses by dealing with the agent's broker. Good luck!

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  • I HAVE A OLD CREDIT DEBT OVER 15YRS OLD ,THEY WHEN TO MY BANK ACCOUNTS AND IT NOT ON MY T R W WHAT SHOULD I DO

    ANTHONY YOUNG

    Allan’s Answer

    A creditor cannot garnish your bank accounts unless they have a judgment. A judgment is only good for 10 years, but may be renewed for an additional 10 years within the time it is in effect. So, if this creditor has a judgment, which they have since renewed, they can go after your bank accounts, your wages, your State of Michigan tax refund (if you are entitled to one), and other assets you own. If they garnished your bank account you should be able to get a copy from the bank, along with their disclosure. You can then contact the attorney for the creditor and see if payment arrangements can be made, or you might offer them a settlement. Good luck!

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  • Can I be put out

    My husband and i owe a home however its in his mother's name. All of the utilities are in my name i also have 3 children that reside in home

    Allan’s Answer

    You do not indicate why you have a concern, but with the house in his mother's name, she has legal title and could take steps to secure possession of the property. I am guessing that she obtained financing to purchase the house, financing which you and your husband would not qualify for. At the very least, a deed could be prepared adding your names to title along with hers. This is a common estate planning move by "do-it-yourselfers", and while it can create problems, in your situation, it eliminates the possibility that she would try to evict you from the house. Good luck!

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  • I am seeking advise on how to dispose of real estate in Detroit, Mi

    I live in California and own real estate in Detroit, MI. I am unable to sell or rent this property. I want to dispose of it so I am not responsible for taxes or anything else. How can I do this?

    Allan’s Answer

    Perhaps you should start by having a conversation with a realtor who handles Detroit properties. There is a lot more detail required about the house, its condition, the neighborhood, etc. that needs to be known before your options can be discussed. Goo luck!

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  • Paid off garnishment & received a second 1 They claim for "interest". Is it possible? The amount I paid is incorrect on 2nd one?

    My employer paid off my garnishment and is deducting an amount we agreed upon from my check every week. Now 3 months after we paid off debt, I was served another garnishment at work, from the SAME attorney for the same creditor. I called and they ...

    Allan’s Answer

    If you think you have inconsistent statements on the garnishments, it may be that a payment made had not yet been received, but without knowing what happened, and when it happened, any explanation would be pure speculation. If you feel you have paid off the debt, and the second garnishment is not warranted under the circumstances, you can ask the court to require the Plaintiff to provide an accounting of their payments received and how they have been applied. Have the matter reviewed by a consumer credit attorney, they might be able to provide more clarity with additional information. Good luck!

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  • 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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