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  1. #1

    Default Summons Served In Michigan

    My question involves collection proceedings in the State of: MICHIGAN

    HI ALL. I WAS SERVED WITH A SUMMONS TODAY FOR THE COLLECTION OF A $6,000 CREDIT CARD DEBT THAT I OWE. THIS IS A CREDIT CARD I HAD BEFORE I WAS MARRIED. THE FIRST COLLECTIONS AGENCY THAT HAD THIS DEBT WAS VERY RUDE. THE GUY THAT CALLED ME, CONSTANTLY THREATEND ME, CALLED ME AT WORK, AND EVEN WENT SO FAR AS TO CALL MY NEIGHBOR. I ASKED THAT HE NOT CALL ME AT WORK AS I WORK FOR A BANK AND IT COULD JEPORDIZE MY JOB. HE TOLD ME THAT I WAS MAKING IT IMPOSSIBLE TO KEEP IN TOUCH. I WORK FULL TIME AND GO TO SCHOOL FULL TIME AND I EXPLAINED ALL THIS TO HIM. MY HUSBAND WAS OUT OF WORK FOR ALMOST A YEAR AND WE WERE VERY CLOSE TO LOOSING EVERYTHING. EVERYTIME HE CALLED, I DID RETURN HIS PHONE CALLS BUT IT WAS LIKE BANGING MY HEAD AGAINST A WALL. I OFFERED TO MAKE $50 PAYMENTS UNTIL THE HOUSE AND TRUCK WERE CAUGHT UP BUT HE REFUSED TO TAKE SUCH A LOW PAYMENT. HE THREATENED LEGAL ACTION ON MULTIPLE OCCASIONS IF I DIDN'T PAY SOMEWHERE AROUND $1000 RIGHT AWAY. I TOLD HIM HE WOULD HAVE TO DO WHAT HE HAD TO DO BECAUSE I JUST DIDN'T HAVE THAT KIND OF MONEY TO PAY.
    SHORTLY AFTER THAT I RECEIVED A LETTER FROMT HE CC COMPANY'S IN HOUSE LEGAL TEAM. I CALLED THEM TO TRY TO MAKE PAYMENT ARRANGEMENTS (HOPEING THIS TIME I WOULD HAVE SOMEONE A LITTLE MORE REASONABLE) BUT THEY INFORMED ME THAT MY ACCOUNT WAS PULLED AND THEY NO LONGER HAD IT (I HAD MADE A $50 PAYMENT DIRECTLY TO THE CC COMPANY AND THOUGHT THIS MIGHT HAVE BEEN WHY). I CALLED THE CREDIT CARD COMPANY DIRECTLY AND THEY TOLD ME THAT THEY DIDN'T KNOW WHICH COMPANY THEY WERE SENDING THE ACCOUNT TO AND I WOULD HAVE TO WAIT TO GET A LETER FROM THEM. i DID RECEIVE ONE LETTER FROM A LAW FIRM JUST STATING THAT THE ACCOUNT WAS SENT TO THEM (WASN'T CERTIFIED OR ANYTHING SO HOW DID THEY KNOW I GOT IT) I WAS WAITING GET SOMETHING MORE FROM THEM BUT NEVER RECEIVED ANOTHER LETTER OR PHONE CALL FROM THEM. NOW I HAVE A LETTER SAYING THAT I AM BEING SUED!
    WHAT IS THE BEST WAY TO HANDLE THIS? WE HAVE MANAGED TO SLOWLY BRING CURRENT ALL OUR OTHER DEBTS EVERY OTHER CREDITOR WAS WILLING TO WORK WITH US BUT THIS ONE. I HAVE NO PROBLEM PAYING THIS DEBT BACK IN MONTHLY INSTALLMENTS JUST LIKE ALL THE OHTER ONES BUT I DON'T KNOW THE BEST WAY TO GO ABOUT IT. I HAVE A FEW QUESTIONS:
    CAN THEY HOLD MY HUSBAND RESPONSIBLE FOR MY DEBT?
    WE HAVE JOINT ACCOUNTS THAT BOTH OF OUR PAY CHECKS GO INTO, SHOULD I MAKE HIM OPEN AN ACCOUNT ON HIS OWN SO THEY CAN'T TOUCH HIS MONEY?
    WE HAVE A1998 PONTIAC SUNFIRE THAT IS PAID IN FULL AND A 2001 TRUCK THAT WE STILL OWE ABOUT $5000 ON. WE ALSO OWN OUR HOME WHICH WE PROBABLY OWE MORE ON THAN IT'S WORTH. CAN THESE BE TAKEN FROM US?
    WE DON'T HAVE ANY MONEY IN SAVINGS BESIDES THE MONEY THAT WAS SET ASIDE TO PAY OUR SUMMER PROPERTY TAXES.
    SHOULD I HIRE A LAWYER TO HELP ME? I DON'T EVEN KNOW HOW TO GO ABOUT ANSWERING THE SUMMONS. iT DOESN'T GIVE ME ANY INFORMATION ON WHAT THEY ARE LOOKING FOR.
    SHOULD I CALL THE LAW FIRM DIRECTLY AND TRY TO MAKE PAYMENT ARRANGEMENTS? MY HUSBANSD IS FINALLY WORKING BUT, OUT OF STATE. IT IS QUITE COSTLY IN GAS AND FOOD TO HAVE HIM DOWN THERE SO WHAT WE ACTUALLY HAVE TO APPLY TO BILLS IS A LOT LESS THAN IT WOULD APPEAR. ALSO SINCE I WORK FOR A BANK, I AM WORRIED THAT IF MY WAGES AND ACCOUNTS ARE GARNISHED IT COULD PUT MY JOB IN JEPORDY. WOULD THE CC COMPANY TAKE THIS INTO CONSIDERATION WHEN TRYING TO SETTLE. IF I LOOSE MY JOB BECAUSE THEY ATTEMPT TO GARNISH MY WAGES THEN THEY WOULD HAVE NO MONEY FROM ME.
    I'M SORRY I KNOW THIS IS LONG BUT I WANTED TO TRY TO GIVE AS MUCH INFORMATION THAT WOULD BE RELEVANT. I AM REALLY WORRIED AND ANY ADVICE ANYONE COULD GIVE WOULD BE GREATLY APPRECIATED.

    THANK YOU

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Summons Served In Michigan

    Since Mi. is not a community property state, the debt is in your name only & from before you got married, your husband should not be responsible for it. However; if they get a judgment against you, they will try going after jt. assets such as bank accts. (any assets that have your name on them) besides individual assets in your name. If they seize any jt. accounts, your husband will have to go to court & prove what portion of the money is his & not subject to seizure. ( I won't go into the doctrine of necessaries because I don't believe it applies in this case. It makes one spouse responsible for the other's debts but mainly medical debts anyway.)

    Here is a list of assets exempt from seizure in Mi. after a judgment.
    Michigan Post-Judgment Asset Exemptions--

    Homestead: Real estate to $3,500. Property cannot exceed 1 lot or 40 acres rural. Property held as tenancy by entirety exempt against debt of only one spouse. Spouse or child of deceased owner may claim exemption.

    Pensions and Retirement Benefits: Funds exempt for ERISA-qualified plans, firefighters, police officers, legislators, public school employees and state employees. IRA exemptions for conventional, Roth, education, SEP and SIMPLE plans. IRAs limited to contributions that were made more than 120 days before filing, and limited to tax-deductible contributions for non-Roth IRAs.

    Insurance: Life, endowment or annuity proceeds if cannot be used to pay beneficiary's creditors. Life or endowment proceeds if beneficiary is insured's spouse or child. Life insurance proceeds if beneficiary is married. Fraternal society benefits. Disability, mutual life or health benefits.

    Personal Property: Building and loan association shares up to $1,000 par value, in lieu of homestead. Burial place, church pew, clothing. Family pictures, appliances, books and household goods, up to $1,000 total. Food and fuel for 6 months.

    Tools of Trade: Tools, implements, stock, motor vehicle or other items that enable the debtor to carry on his business up to $1,000.

    Miscellaneous: Business partnership property.

    Wages: Head of household debtors may exempt 60% of weekly wages (but not less than $15.00 per week) plus $2.00 per dependent other than spouse. Other debtors may exempt 40% of weekly wages (not less than $10.00 per week).

    Public Benefits: Veteran's benefits. Workers' compensation. Unemployment compensation. AFDC. Crime victim's compensation. Social welfare benefits.

    Wild Card: None.

    There is usually instructions on the summons as to how to reply to it/answer it. (for example an answer might be I'm not sure the debt is mine or the SOL has elapsed - in your case since you made a $50.00 payment you restarted the SOL) Just be sure to answer the summons in the time limit allowed or they will get a default judgment against you.

    You can try calling the lawyers at the firm suing you & see about setting up a payment plan but they do not have to.

    This is all pretty confusing. If you believe you need to, contact an attorney for assistance.

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