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Sued by Portfolio Recovery Associates in Michigan?

Portfolio Recovery AssociatesPortfolio Recovery Associates Lawsuits:

Have you been sued by Portfolio Recovery Associates in Michigan ?  Portfolio Recovery Associates LLC is a buyer of charged off debt. Portfolio Recovery Associates LLC may be showing up on your credit report or they may have served you with a lawsuit, they files thousands of collection lawsuits each year against consumers.

Portfolio Recovery Associates LLC will typically hire a local collection attorney to file a lawsuit against you but we can help defend you. We have handled many cases in cities such as Troy, Sterling Heights, Royal Oak and Shelby Township. 

If you have been contacted by Portfolio Recovery Associates LLC or have outstanding debt, contact Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

For more subject specific information, please click on the following Article links:

Detroit | Troy | Royal Oak | Warren | Sterling Heights | West Bloomfield | Novi | Rochester Hills | Farmington Hills | Southfield | Oak Park | Birmingham | Clinton Township | Livonia | Allen Park | Redford | Wayne | Dearborn | Berkley | Shelby | Romeo | Lapeer | Clawson | Madison Heights | Hazel Park | Bingham Farms | Harper Woods | Grosse Pointe | St. Clair Shores | Livonia | Plymouth | Northville | Canton | Pleasant Ridge | Clarkston | Waterford | Grosse Pointe Farms | Center Line | Eastpointe | Roseville | Fraser | Grosse Pointe Woods | Harrison Township, Mount Clemens | Armada | Armada Township | Bruce Township | Memphis | Ray Township | Richmond | Richmond Township | Romeo | Washington Township | New Baltimore | Macomb Township | Shelby Township | Westland | Inkster | Utica | Chesterfield Township | Lenox Township | New Haven | Taylor | Southgate | Hamtramck | Romulus | Woodhaven | Wyandotte | Ecorse | Lincoln Park | Wayne County | Lapeer County | Macomb County | Oakland County | Tri-County Metro Detroit area

 

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Midland Funding Michigan Attorney

 

Midland Funding Michigan AttorneyU.S. Supreme Court rules in favor of debt collectors.

On May 15, 2017, the Supreme Court of the United States issued their decision in Midland Funding, LLC v. Johnson.

Background:

Respondent Johnson filed for Chapter 13 bankruptcy in 2014.  Petitioner Midland Funding filed a “proof of claim” asserting that Johnson owed Midland Funding $1,879.71 in credit card debt from May 2003.  Johnson objected the claim because it violated the relevant statute of limitations under Alabama law.  The bankruptcy court disallowed the claim.

Then, Johnson sued Midland Funding.  She claimed that by filing the obviously time-barred “proof of claim” in her bankruptcy case, Midland Funding claim was “false,” “deceptive,” “misleading,” “unconscionable,” and “unfair” within the meaning of the Fair Debt Collection Practices Act, 15 U. S. C. §§1692e, 1692f.

Decision:

The District Court held that the Fair Debt Collection Practices Act did not apply and dismissed the case. On appeal, the Eleventh Circuit reversed the District Courts decision.  The U.S. Supreme Court granted certiorari.  After review, the Supreme Court reversed the Eleventh Circuit decision.  The Supreme court, in a 5-3 decision, held that (in a Chapter 13 proceeding) “the filing of a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act.”

Alabama law provides that a creditor has the right to payment of a debt even after the limitations period has expired.  The Supreme Court states that “a ‘claim’ is a ‘right to payment’” and the “passage of time extinguishes remedy but the right remains.”

What that means for you:

The Supreme Court decision in Midland Funding, LLC v. Johnson allows debt creditors to file their “proof of claims” in a Chapter 13 bankruptcy proceeding irrelevant of a States statute of limitations.  Even if a debt collector files a “proof of claim” in your Chapter 13 bankruptcy case, it doesn’t mean that their claim is enforceable.  Debt collectors have secured the right to file their claims, but this decision doesn’t secure their right to collect on those claims.

Midland Funding Michigan Attorney:

If you have outstanding debt, have been harassed by a debt collection agency, or contacted by a law firm or third party debt buyer like Midland Funding, LLC, Call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

More subject specific information, please click on the following Article links:

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New Michigan Gun Law

Michigan could soon have new gun laws:

The residents of Michigan could soon be able to carry a concealed pistol without a permit or completing any gun safety training.

On May 30, 2017, the Michigan House Panel approved, in a 6-4 vote, a package that would basically get rid of the concealed weapons law.  The bill still needs to be approved by the full House, the Senate, and Governor Rick Snyder before it can become law.

If this bill becomes the law, it would do away with criminal penalties for people who carry concealed weapons without a permit.  Currently, to carry a concealed weapon in Michigan, one must pay $100 for a permit application and fingerprint fee, $115 to renew the permit every four years, and a couple hundred for a gun training class.

Those in support of the bill argue that the concealed weapons permit is essentially a “coat tax” because that gun owner wishes to wear their coat over their gun instead of wearing it openly on their hip.  Supporters also argue that no permit or gun training is required for those who openly carry a firearm, so there should not be such a requirement for those who choose to conceal their firearm.

Those who oppose the bill believe that Michigan would be less safe.  Opponents are especially concerned because the bill would allow people with certain misdemeanor convictions to carry concealed weapons who are not currently able to receive a permit to do so.

For more information or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

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Michigan’s New MIP Law

Michigan's New MIP LawMichigan’s New MIP Law to take effect in 2018:

Governor Snyder signed Michigan’s New MIP Law in 2016, it will reduce penalties for minors who purchase, consume, or are in possession of alcohol.  Starting January 1, 2018, first time offenders of the Minor in Possession (MIP) law will be guilty of a civil infraction instead of a misdemeanor. There will no longer be any threat of a first offense landing on a young adult’s record. When the law takes effect they will instead pay a fine. Even though the first offense is reduced, it should still be taken seriously due to the long lasting effects and the possibility of future violations.

First time offenders could be fined $100.00, ordered to participate in substance use disorder services, undergo substance abuse screening, and perform community service.  If the minor is charged with a second MIP, the offense increases to a misdemeanor.  This means that if a minor receives a second MIP charge, it is a criminal offense.  If charged with a misdemeanor, the minor could face up to 30 days in jail and be charged $200.00.  Again, the minor could be ordered to participate in substance use disorder services, undergo substance abuse screening, and perform community service.  If the minor has violated the MIP law more than 2 times, he/she can face up to 60 days in jail and be charged $500.00.  The minor can be ordered to participate in substance use disorder services, undergo substance abuse screening, and perform community service.  After a second or third violation, the minor’s licenses can be suspended.

Concerned about Michigan’s New MIP Law? Thousands of minors are charged with MIP violations every year.  For more information about the Michigan Minor in Possession (MIP) law and how to protect yourself, call us at (248) 398-7100 for a free consultation or contact us with a private message.

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Tailgating Misdemeanor Tickets

Tailgating Misdemeanor Tickets

Tailgating Misdemeanor Tickets

College Football Season: Tailgating Misdemeanor Tickets

The college football season has started and with that students are being ticketed while tailgating.  Whether you’re studying at Wayne State University, Michigan State University, the University of Michigan or another Michigan college, these tickets are very common but they should be taken seriously.  Even a single conviction on your record can have an impact on your future employment and educational opportunities.

Individuals may be charged with Tailgating Misdemeanor Tickets due to tailgating activities including Minor in Possession of Alcohol, open intox, assault, and Urinating in Public.  One of the most common is Minor in Possession of Alcohol.   The exact crime you are charged with depends on the location you are when you are ticketed but all have serious consequences including fines and possible jail time.

Civil infraction tickets may also be handed out for handling open containers of alcohol.  Open bottles and cans of alcohol are sometimes permitted on certain campuses during football games, however if you step off of campus or have an open container other than on game day, you may be written a ticket.  It is important to know the rules in your area because, even though civil infraction tickets are typically not associated with jail time, tickets for handling an open container of alcohol can be costly.

If you have been written a ticket while tailgating,

Charged with a Tailgating Misdemeanor Tickets: Don’t take a risk on your rights—call one of our criminal defense attorneys at (248) 398-7100  for a free consultation or contact us with a private message, we can help you put this in your past quickly, so you can move on with your life.

For information about specific charges see the links below:

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Troy Michigan Same Sex Divorce Attorney

Troy Michigan Same Sex Divorce Attorney

Troy Michigan Same Sex Divorce Attorney

Looking for a Troy Michigan Same Sex Divorce Attorney? We can help.

Has the State of Michigan made it difficult for you to obtain a divorce?  Previously it was difficult to obtain a same sex divorce in this state.  This was because couples would generally marry in another state and move back to Michigan.  However, since Michigan recognized gay marriages as void ad initio, they would not consider there to be jurisdiction to issue a divorce.  This left people with the option to set up residency in other states in order to qualify to file for divorce jurisdictionally, which takes 60-90 days and an intent to reside there indefinitely.

Fortunately for these couples, the recent United States Supreme Court ruling Obergefell v. Hodges mandated that all state governments recognize gay marriage.  This is not only good for unmarried gay couples in Michigan, as they now have that option, but also for gay couples trying to legally obtain a divorce without jumping through legal hoops and disrupting their lives and those of their children.

Divorce is always a last resort, but for some families it is simply the only option and often what’s best for both parents to keep a healthy relationship with the children.  The previous process was abusive to couples seeking a divorce not only because of the difficulty of attempting to claim residency elsewhere, or incredibly long period of time it took to do so, but the strain on the personal lives of everyone involved and the damage done to a relationship that could have been maintained on good terms the process were more civil.

The difficulty of the process was the product of legal technicalities and inconsistencies.  A couple getting divorced can only do so through the state government of which they claim residency.  If a gay couple were married in another state and then moved to Michigan, their residency would change to Michigan but the state would not recognize their marriage because the state constitution forbade it.  Because the state did not recognize their marriage, they could not issue a divorce because technically the marriage didn’t exist.  This is what would force couples to claim residency elsewhere, a process that can have a tremendous strain on the personal, professional, and family lives of those involved.

However, this is no longer the case.  Now that the State of Michigan recognizes gay marriages, they also will issue divorces for those couples with no other option.  Although the process has become easier, it is still important for those seeking divorce to obtain an attorney.  Divorce law can be difficult to navigate, and it is vital to a party to have an experienced attorney guiding you through the process.  If you are facing a divorce in the State of Michigan,

Looking for a Troy Michigan Same Sex Divorce Attorney? If you need assistance in these or any area of other family law, read below for more info, call us at (248) 398-7100  for a free consultation or contact us with a private message.

For information on specific family law issues please see:

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People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI Attorneys

People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI

People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI

People v Rea: Drunk Driving Updates with Troy Michigan Expert DUI

Attorneys Recently the Michigan Court of Appeals heard a case involving an individual charged with operating while intoxicated after he drove drunk on his driveway.   In People v Gino Robert Rea, the court determined that the charges of operating while intoxicated pursuant to MCL 257.625 should be dismissed because the defendant was not operating his vehicle in an area generally accessible to motor vehicles.

The court relied heavily on the facts of this case which were that a police officer responding to a neighbor’s complaint watched the defendant back his car out of his detached garage about 25 feet before stopping next to his house.  He then pulled his car back up into his garage and was arrested when he was walking back to his home.  His driveway is quite long and the officer admitted that defendant did not pull the car out past the front of his home at any point.

The relevant language of the drunk driving law is as follows, “A… person shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles…if the person is operating while intoxicated.”

The court found that the defendant’s actions in this case did not violate this statute as the upper portion of the Defendant’s private driveway is not an area that is “generally accessible to motor vehicles”.  Rather, this area of a driveway is a place that is only accessible to a small group of vehicles: namely the homeowner or his or her guests.

Importantly, the court noted that another set of facts could yield a different outcome.  Specifically, the court postulated that the bottom of a private driveway may be an area that qualifies as a “place open to the general public” or a place “generally accessible to motor vehicles.”  Therefore, someone driving on the bottom portion of the driveway near the road could possibly be charged with operating while intoxicated.

Overall, this case stands for the idea that the area at the top of the driveway is not an area that is open to the general public or generally accessible to motor vehicles so homeowners driving in this area cannot be charged with operating while intoxicated.  However, the question of whether the area at the bottom of the driveway is open to the general public has not been decided.  Homeowners should take care to avoid driving at all when under the influence of alcohol, including on the area at the bottom of the driveway.

If you have been charged with operating while intoxicated or “drunk driving”, contact the Troy Michigan Expert DUI Attorneys of Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.   This is an intricate area of law and it is best to consult with experienced attorneys such as ours to ensure your case is handled properly.

For information about specific charges see the links below:

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Michigan National Collegiate Student Loan Trust lawsuits

Michigan National Collegiate Student Loan Trust lawsuits

Michigan National Collegiate Student Loan Trust lawsuits

Do you need an attorney to help with a Michigan National Collegiate Student Loan Trust lawsuits? We can Help.

Are you being sued by National Collegiate Trust or Shermeta law group of Rochester / Troy Michigan for past due student loans? If so, you are not alone. Michigan National Collegiate Student Loan Trust lawsuits have become increasingly common as National Collegiate Trust has been aggressively pursuing delinquent student loans from many former students in the State of Michigan.

National Collegiate Student Loan Trust is a Delaware Trust that holds private student loans guaranteed by TERI not the federal government. National Collegiate Trust purchases these private loans from the original lenders. National Collegiate Student Loan Trust Is not the originator of the loan but rather they have purchased the loan from your lender. The originators are well known banks, among others:

  • JPMorgan Chase Bank, N.A.
  • Charter One Bank, N.A.
  • Bank of America, N.A.
  • RBS Citizens, N.A.
  • Union Federal Savings Bank

These loans were structured with the assistance of the First Marblehead Corporation. The First Marblehead Corporation is an education loan finance company that  owns TERI. The Education Resources Institute, Inc. (TERI), is a nonprofit organization that claims to be the largest private student loan guarantor in the US.

They expect that you will not do anything if you are sued by them. If you do not act on this lawsuit, a default judgment will likely be issued against you and you will most likely owe the full amount. National Collegiate Trust will try to collect the judgment against you through garnishing your bank accounts, wages, tax refunds, even through property liens and/or seizures.

To avoid Judgments, garnishments, seizures, and other collection activities, contact the attorneys at Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or send us a private message so that we may take action as soon as possible.

If you have questions about Michigan National Collegiate Student Loan Trust lawsuits, or you are being contacted in regards to paying a student loan by National Collegiate Student Loan Trust or Shermeta law group of Rochester / Troy Michigan please contact Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

If National Collegiate Trust or Shermeta law group of Rochester / Troy Michigan is taking legal action against you to collect the debt, you will need an attorney that can navigate the unique legal landscape of debt collection.  The legal process can be confusing and frustrating even when debt collectors conduct themselves legitimately.  The attorneys at Garmo & Kiste, PLC can do just that.  We regularly handle debt collections cases concerning National Collegiate Trust, Shermeta law group of Rochester / Troy Michigan, and other student loan debt collectors and have worked for debt collectors in the past.  This gives us a unique advantage because we understand both sides of litigation.

For more information about National Collegiate Trust or Shermeta law group of Rochester / Troy Michigan and Debt Collection Defense or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.

More subject specific information, please click on the following Article links:

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Mary Jane Elliott

Credit card background

Mary Jane Elliott

Have you been hassled by a collections agent or sued by Mary Jane Elliott, P.C.?

Daily thousands of people in Michigan are sued in debt collections action. These occur when holders of debt hire aggressive debt collections attorneys or collections agencies. Being the target of one these organizations can be a painful experience, as collections teams generally use harassing tactics to track you down and collect. These can include aggressive phone calls, visits to your home, and hostile mail.

One of the firms known for engaging in debt collection actions is Mary Jane Elliott, P.C.. Professionals at Mary Jane Elliott P.C. represent creditors and are experts at finding you and turning your money over to creditors, be it through bank garnishments, wage garnishments, judgments, or repossession. These representatives are highly skilled and should not be taken lightly, as they utilize the latest call recording and telephonic systems, collection strategies and comprehensive negotiating methods to recover delinquent debt. They will aggressively come after you, and find any possible current or future income to satisfy their clients.

Some agencies don’t stop in pursuit of your debt, and even add interest and fees to make their collections more profitable. These firms rely on unknowing debtors who simply do not have the resources to tabulate interest. However, this is a violation of the Federal Fair Debt Collection Practices Act. Still, some firms have expert training of the FDCPA and know how to navigate around the law to continue using unfair practices. If you have been a victim of this, or any harassment from a collections agency, the attorneys at Garmo & Kiste PLC are here to fight for your rights.

Sued by Mary Jane Elliott, P.C. we can help:

While one may think that this could not happen to them, Mary Jane Elliott, and agencies like them are willing to use aggressive tactics for any type of debt. Most targets are sincerely trying to pay back any debts, but do not have the resources to do so. When a creditor uses agencies such as these they may eliminate the opportunity for the party in debt to work something out. This leaves the target of collections actions in a very vulnerable and unpredictable situation. Don’t find yourself in this position, if you are having trouble with a debt collector or have been sued by a law firm such as the Mary Jane Elliott, P.C.,call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

More subject specific information, please click on the following Article links:

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Probation Violation Attorney Troy: Do Not Waste a Second Chance by Violating Your Probation

Probation Violation Attorney Troy

Violating Your Probation:

When granted probation after being convicted of a crime, you have to adhere to a set of strict rules. In comparison to going to jail, these rules are not that bad. Violating any of these rules can lead to sever consequences. Squandering your second chance will inevitably lead you to the sentence you so luckily avoided. More often than not, it is the simplest of rules that are broken. Here we have a breakdown of the stipulations that are usually found in probation.

Looking for a Probation Violation Attorney Troy Call us at (248) 398-7100  for a free consultation or contact us with a private message.

What is Probation?

Every state has specific rules about probation but generally it is a punishment for committing a crime that allows you to spend less time in jail or avoid it all together. In exchange, there are certain restrictions placed upon you. Some common rules are:

  • Regular meetings with your probation officer.
  • Counseling if the crime you committed was drug, alcohol, or anger related.
  • Random drug testing.
  • Staying in a specific area, in some cases wearing a monitoring device (aka. House Arrest).
  • Perform mandatory community service.
  • Avoid association with other known criminals.

Normally, probation is awarded to first-time offender or misdemeanor crimes.Violation and Consequences

There are two types of violations that can occur, technical and new offenses. Both are considered a continuation of the case you were convicted of.

Examples of technical violations are:

  • Skipping a meeting with your probation officer.
  • Failing a drug test.
  • Associating with known criminals.
  • Failure to perform your community service or paying a fine.

Your probation officer will handle any of these violations. Initially, you may only receive a warning for breaking the terms of your probation. Repetition and more serious offense may lead to a hearing where the judge can set a punishment. That punishment varies on the severity of the violation can be lead to an extension of your probation, paying a fine, or jail time.

Probation Violation Attorney Troy:

Probation Violation Attorney Troy: Do not despair if you are facing a hearing for violating your probation. At Garmo & Kiste, we have experienced lawyers who can aid you during the process.  We can help clear up any discrepancies and work with the court system to garner the best outcome possible. We offer free consultations for first time clients.

Only the best Michigan probation violation defense lawyers can help you avoid jail. Call our Probation Violation Attorneys  at (248) 398-7100  for a free consultation or contact us with a private message.

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