Sued by Meyer Njus Tanick in Michigan? We can help.

Sued by Meyer Njus Tanick in Michigan? We can help.

Meyer Njus Tanickis a law firm that represents creditors and specializes in debt collection cases.  In some instances, individuals have reported that Meyer Njus Tanickhas, on behalf of its clients, taken large sums of money from bank accounts for judgments on debts.  It may seem unfair but it may still be legal.  Debt collectors are notorious for using abusive and fraudulent means to collect money.  It is not uncommon for them to add on interest or fees to increase the balance you supposedly owe.  If they do this, they are in violation of the Federal Fair Debt Collection Practices Act.  Some individuals report that they never received notice of a default judgment entered against them.  These situations can be confusing and frustrating but the attorneys at Garmo & Kiste, PLC are here to help.  If you are having trouble with a debt collector or have been sued by a law firm such as Meyer Njus Tanick, call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.  We are an aggressive law firm that will fight for your rights.

Another thing to keep in mind is that all debt collection communications are not necessarily legitimate. Debt Collection Scams are increasingly common. These are different from the legitimate debt collection actions taken by actual creditors.  Consumers have reported getting frightening and threatening phone calls demanding payment of outstanding payday or internet check cashing loans.  The caller may claim to be a representative of a law firm or even the government.  These callers probably won’t abide by the rules of the FDCPA so if you are being subjected to abusive debt collection behavior such as calling before 8 am or after 9 pm, this is a red flag and you should seek help. The scariest aspect of being contacted by fake debt collectors is that they may have a lot of accurate personal information about you including your birthday or even your Social Security number.  Be sure not to give any additional information about yourself and seek help.

Even dealing with legitimate debt collectors can be a harrowing experience.  If you are in this position the attorneys at Garmo & Kiste, PLC are here to fight for you.   If you have outstanding debt, have been harassed by a debt collection agency or contacted by a law firm such as Meyer Njus Tanick, please contact us at (248) 398-7100 or send us a private message.

If Shermeta Law Group 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 Shermeta Law Group, 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 Shermeta Law Group 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.

Are you being sued by National Collegiate Trust or Shermeta law group for past due student loans or other privatized 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. Additionally, Shermeta Law Group has been pursuing numerous other persons who took out personal loans. 

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:

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.

Shermeta Law Group may send numerous documents to your address or you may receive notice of a judgment or garnishment after it has been ordered if you changed addresses. Call our experienced attorneys at (248) 398-7100 for a free consultation or send us a private message as soon as possible to contact Shermeta on your behalf.

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 Shermeta Law Group 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.

No Fault Divorce

Legal Grounds for Divorce

A divorce is the termination of a marriage or marital union, thus dismissing the legal duties and responsibilities of the marriage.  Michigan is considered a no-fault divorce state.  A no-fault divorce refers to the type of divorce in which the spouse that is filing does not have to prove any fault on the part of the other spouse.  Allegations of abuse, cruelty, adultery, or abandonment do not need to exist in the relationship.  All that is required in Michigan is for one party to allege that “there has been a breakdown of the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved” (MCL 552.6).  The most common reason given is “irreconcilable differences.”

Although Michigan is a no-fault divorce state, this does not mean that fault is not considered in any issues addressed in the divorce proceeding.  The court may still consider fault when determining issues related to alimony, child support, and the division of property.

For more information on how we can help, call us at (248) 398-7100 for a free consultation or contact us with a private message.

No Fault Divorce Requirements
  1. Residency: To file for a divorce in Michigan, you or your spouse must have lived in the state for at least the last 180 days. MCL 552.9
  2. Jurisdiction: Your divorce must be filed in the circuit court in the county where you or your spouse has lived for at least the last 10 days. You may only file in any Michigan county regardless of how long you or your spouse lived there if the following conditions are met and are included in your complaint for divorce: your spouse was born in a country other than the United States or is a citizen of another country; you and your spouse have a minor child; and there is a risk that the defendant will take the minor child out of the United States to a different country and keep them there. MCL 552.9
  3. Waiting Period: The court must observe a “cooling off” period before granting a divorce. If your case does not involve minor children, the divorce cannot be finalized for a minimum of 60 days.  If your case involves minor children, the divorce cannot be finalized for a minimum of 6 months.  MCL 552.9(f)
Other Options to a No Fault Divorce:

Annulment: An annulment is a court decision that a marriage did not occur.  Annulments are difficult to obtain and only granted in limited situations.  This includes bigamy, incapacity, kinship, under age, and fraud/duress.

Separate Maintenance: An action for separate maintenance is commonly referred to as a “legal separation.”  This is filed by a married couple who wishes to separate from each other without filing for a divorce. This is normally done due to religious objection to divorce or to continue health care benefits for both parties.

If you need assistance with obtaining a No Fault Divorce, call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

For information on specific family law issues please see:

Roadside Drug Testing:

In 2016, Governor Snyder signed the Barbara J. and Thomas J. Swift Law.  This new law stems from a fatal car accident that occurred on Mar 20, 2013 in Escanaba.  A man, driving a logging truck, ran a red light and crashed into Thomas and Barbara Swift’s car.  Thomas was killed instantly and Barbara died three days later.  The man tested positive for THC, an ingredient in marijuana.  He is now serving 5 – 15 years for reckless driving and driving under the influence of drugs causing a death.

This new law will allow/”require” preliminary roadside drug testing.  It will initiate a yearlong pilot program in five counties across Michigan, which is believed to start sometime this year.  Under this new law, certified drug recognition experts, who have probable cause to believe that the driver is under the influence of drugs, are allowed to take a mouth swab.  If you refuse the mouth swab, you could be charged with a civil infraction or, if you are a commercial driver, a misdemeanor.  The mouth swab would then be inserted into a machine that can detect if cannabis, cocaine, methamphetamines, and opiates are present in the sample of saliva.  This saliva sample could potentially show the presence of drugs hours before it would be detected in urine samples.  This new system would be somewhat similar to police officers conducting a breathalyzer test on someone they have reasonable cause to believe is intoxicated.

Driving while under the influence of drugs is a growing epidemic.  The Michigan State Police publishes statistics involving crashes related to drugs.  In 2006 there were 1,581 crashes involving drugs, and in 2015 the amount of crashes rose to 2,215.  This shows that there has been a 40% increase in the amount of car crashes due to drugs.  In Michigan, drivers under the influence of drugs now cause almost as many traffic deaths per year as drunk drivers.  According to the Michigan State Police statistics, in 2016, drugged drivers caused 127 crashes that killed 141 people and drunk drivers caused 165 crashes and killed 176 people.  Over the past decade, the amount of fatal drunk driving crashes has decreased by 36%, while those caused by drugged drivers has increased 263%.  Although, the amount of fatal drugged driving crashes has not surpassed the amount of drunken driving crashes, it is believed to be too attributed to the lack of drug testing.  Drivers are not normally tested for drugs on the scene of an accident/traffic stops.  This new law is going to make drug testing more readily available.

A 2014 National Survey on Drug Use and Health reported that 10 million people admitted to driving under the influence of illicit drugs during the prior year.  The survey also showed that men were more likely than women to drive under the influence of drugs, and that people between the ages of 18 -25 were more likely to drive after taking drugs.  A study by the University of Michigan Transportation Research Institute looked at the times of traffic crashes from 2011-2015.  They found that crashes caused by drunk drivers were more concentrated, usually at night and on weekends, and drivers impaired by drugs had no pattern and were spread evenly throughout the week.

In Michigan, it is illegal to drive while intoxicated, or impaired, by alcohol, illegal drugs, and some prescription medications.  Michigan is a zero-tolerance state.  This means that anyone can be prosecuted for any amount of cocaine or Schedule 1 drugs in their system.  Someone who has taken legally prescribed drugs may also be prosecuted if an officer believes that they were impaired while driving due to their medication.  It is unknown how this new program will affect medical marijuana users, as marijuana can be detected hours or days later.

Don’t take a risk on your rights—call one of our Troy Michigan Criminal Defense Attorneys at (248) 398-7100  for a free consultation or contact us with a private message, we can help you get answer, figure out a plan of attack, and execute. Get the results you need.

Operating While Visibly Impaired:

(OWVI) means that because of alcohol or other drugs, your ability to operate a motor vehicle was visibly impaired.

Operating While Intoxicated:

(OWI) includes 3 types of violations:

  • Alcohol or drugs in your body substantially affected your ability to operate a motor vehicle safely.
  • A bodily alcohol content (BAC) at or above 0.08. This level can be determined through a chemical test.
  • High BAC means the alcohol level in your body was at or above 0.17. This level can be determined through a chemical test.
Operating With Any Presence of a Schedule 1 Drug or Cocaine:

(OWPD) means having even a small trace of these drugs in your body, even if you do not appear to be intoxicated or impaired. This can be determined through a chemical test.

Under Age 21 Operating With Any Bodily Alcohol Content:

(Zero Tolerance) means having a BAC of 0.02 to 0.07, or any presence of alcohol in your body other than alcohol that is consumed at a generally recognized religious ceremony.

Don’t take a risk on your rights—call one of our Troy Michigan Criminal Defense Attorneys at (248) 398-7100  for a free consultation or contact us with a private message, we can help you get answer, figure out a plan of attack, and execute. Get the results you need.

Michigan Speed Limit Increases:

Increased Speed Limit Legislation

Michigan lawmakers have enacted legislation that allows for motorists to increase their speed on many of the state’s roadways. Public Act 445, passed in late 2016, charged the Michigan Department of Transportation (MDOT) and Michigan State Police (MSP) with increasing speed limits on certain state roadways based on 85th percentile speeds (the speed at or below which 85% of traffic is moving) and results of various traffic and safety studies. The act has amended Section 257.627 of the Michigan Vehicle Code and required the modified speed limits to be put in place prior to January 5, 2018.

Roadways Identified for Increased Speed Limits

Nearly 1,500 miles of Michigan’s roadways will see a speed limit increase starting May 1, 2017: 900 miles will see an increase to 65 miles per hour and 600 miles will see an increase to 75 miles per hour. As a result, new advisory speed and curve warning signs, shorten passing zones, and change pavement markings will be installed.

According to MDOT and MSP, the following freeways and limited-access freeways are expected to increase from 70 to 75 miles per hour speed limits in accordance with the new state law:

According to MDOT and MSP, the following non-freeways are expected to increase to 65 miles per hour speed limits in accordance with the new state law:

Michigan Speed Limit Increases: Increased Speed Limits for Commercial Trucks and School Buses

Increased speed limits for trucks and buses was another change prompted by Public Act 445.

The speed limit for trucks on freeways where the speed limit for other vehicles is 70 miles per hour will be increased from 55 miles per hour to 60 miles per hour. Highways with speed limits between 55 miles per hour and 65 miles per hour will remain at 55 miles per hour for trucks (MCL 257.627(6)). The speed limit for school buses will be increased from 50 miles per hour to 55 miles per hour on highways with a speed limit between 55 miles per hour and 65 miles per hour and 60 miles per hour on freeways with a speed limit of 70 miles per hour (MCL 257.627(6) and (7)).

Why Increased Speed Limits?

According to State Transportation Director Kirk T. Steudle, “the corridors identified by MDOT and MSP were selected not only because studies indicated most drivers were already driving at those increased speeds, but also because their design and safety features were best suited to these speed limits. We reviewed design speeds, crash patterns, number of access points, traffic volumes and continuity of these corridors, and chose them to minimize necessary improvements for higher speed limits.”

MDOT and MSP are currently finalizing traffic control orders to implement increased speed limits on remaining roadways. New speed limits will be posted on all of the selected freeway and non-freeway corridors prior to November. With these changes, Michigan will have the highest speed limits of any Great Lakes state.

Portfolio 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

 

U.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:

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.

Michigan’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.

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: