Midland Business Attorney.
The only tax refund that the creditor can reach is the state tax refund
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Recording of a land contract is necessary only to give record notice of the interest in the property to subsequent purchasers. Many times land contracts are not recorded. Whether or not it is recorded, the contract could still cause the lender to call the loan if they learn of the transfer. There may be other ways to structure the deal so as to not violate your note. A consultation with a local real estate attorney is probably money well spent. The above is provided as general information...
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Scary that a lawyer not licensed in Michigan would try and answer this question. If you have been served with a writ of garnishment, you must serve a response on the garnishee disclosure form. If you fail to respond in the time frame provided by using the garnishee disclosure form, you can be held personally liable for the debt. Please read and follow the directions on the "Garnishee Disclosure" form that should have been served on you. Please note that the above answer is provided for...
The Equal Credit Opportunity Act prohibits lenders from requiring that spouses guaranty or otherwise sign for loans.
You are going to need to open a probate estate in the probate court. Once an estate is open and a personal representative appointed, that person can deed the property to a buyer. This answer is for general information only and is not specific legal advice. You should consult an attorney of your choice for legal advice specific to your situation.
In general, using a limited liability company protects you from individual liability. Therefore, a judgment against your company is worthless as your company has no assets. When shutting down a company, as long as you used the available assets to pay creditors (and did not pay yourself), there should not be any liability. The above is general information only and not specific legal advice. You should consult an attorney of your choice for legal advice regarding your specific circumstances
Under the Construction Lien Act, a homeowner who has fully paid their contractor is insulated from paying the subcontractor/supplier in a lien foreclosure action. If an action to enforce a construction lien is filed, the suit must be dismissed if the homeowner files an affidavit indicating that they have fully paid for the improvement. As with anything else, it is important to make and keep good records. The foregoing is not to be construed as legal advice or the creation of an attorney-...
You are talking about venue - which is a question of which court is a proper one in which to try a case. It sounds like the venue is incorrect. However, being in the wrong venue does not affect the validity of any judgment entered. You can't ignore a complaint just because it was filed in the wrong venue as a judgment entered in the wrong venue is still valid. The procedure for changing venue is to file a motion to change venue prior to or at the same time that the answer to the complaint is...
Your wages can be garnished unless there has been an installment order entered by the court where the judgment was issued. You should file a motion for an installment order to get on a payment plan you can handle. The form to use is on line - paste this web address in your brower: http://courts.michigan.gov/scao/courtforms/garnishment/mc15.pdf There are instructions for how to do this right on the form - good luck!
It means they are not required to physically present the note to you and demand payment prior to suing you for not paying.
