Archived
Is $620/month excessive lawyer fees for collecting unpaid HOA dues. Also apply my monthly HOA pmt to back fees, is this legal?
Douglas's answer
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Answered on May 08, 2014
This is a perfect case for a Chapter 13 Bankruptcy. In Chapter 13 you can pay off these debts over time without the fear of foreclosure and keep...
Archived
I am an attorney in Florida with a question about a bank garnishment in Michigan
Douglas's answer
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Answered on May 08, 2014
Unfortunately, no. In the past couple of decades Michigan has moved from a fairly debtor friendly state to much less friendly state both...
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Archived
Does this qualify as a threat or misleading statement? Fdcpa?
Douglas's answer
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Answered on May 08, 2014
Based on the facts related I believe there is both a violation of the Fair Debt Collections Practice Act and the Fair Credit Reporting Act. A suit...
Will a sheriff or bailiff come seize property in Michigan to satisfy debt judgment? They sent a homemade summons/complaint?
Douglas's answer
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Answered on May 07, 2014
This does actually happen. This may be a violation of the fair debt collection practices act. I would have to see the paper involved. If you...
Archived
If a company demands payment on junk debt and then when its sent to their attorney the debt amount is lowered does that violate?
Douglas's answer
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Answered on May 07, 2014
I would look at two issues in this case. The first is in the collection case itself - If they can't get the balance straight how can they get a...
I have a loan with Western Sky/Delbert services that is 116% APR. I've paid over the amount borrowed. How can I stop payments?
Douglas's answer
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Answered on May 06, 2014
In Michigan there is a usury statute which limits the interest which can be paid on a debt if borrowed for individual purposes. It does not apply...
Archived
Will the IRS settle a balance owed for a lower amount if you offer to pay it all off?
Douglas's answer
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Answered on May 06, 2014
This is a very complicated question because of both of the bankruptcy implications and the IRS debt defense questions. It is highly dependent on...
Archived
Our 2nd mortgage is threatening to foreclose. They've offered a loan mod, but I can't afford to renew this loan. Any Advice?
Douglas's answer
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Answered on May 06, 2014
You aren't clear enough about the facts for me to give a full answer. However, I can give answers based upon an assumption that you received, or...
Archived
Can a Michigan Bankruptcy trustee reverse a real estate transaction?
Douglas's answer
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Answered on May 06, 2014
Yes. The trustee could treat this as a fraudulent transfer and avoid the sale either under the bankruptcy code or state law. The real question is...
I need electric service,can the electric company deny me service because of a 12 year old bill ?
Douglas's answer
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Answered on May 06, 2014
Any creditor can deny you any service, for any reason they see fit. Your surest solution to the problem is to put the bill in the name of your...
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