mkiste, Author at Garmo & Kiste PLC | Troy Michigan Attorney | Lawyer 248-398-7100 - Page 5 of 19Garmo & Kiste PLC | Troy Michigan Attorney

Commercial Motor Vehicle License Penalties:

Everyone understands that drinking and driving not only puts yourself and others at risk of serious injury, but it also endangers your ability to have an Operator’s License. The stakes are even higher if you are one of thousands of people that have a commercial motor vehicle license (CMV license), especially if you rely on the CMV License for employment reasons. This may be because Commercial Motor Vehicles (CMVs) are particularly dangerous because they weigh more than 26,000 pounds. (MCL 257.7a)

Your CMV License may be suspended for up to one year if you are convicted of a number of offenses including Operating While Intoxicated and Operating While Visibly Impaired while operating a CMV or even a noncommercial vehicle.

Effectively, any convictions or license suspensions for anything related to a violation while operating a noncommercial vehicle count against the you as if you were operating a commercial motor vehicle at the time the offense occurred. (MCL 257.319b(7)) In fact, if you are convicted or found responsible for a combination of two of these types of offenses, your CMV license can be revoked for life.

This law may seem unfair but there are options available to individuals in these types of situations. For example, under MCL 257.319b(1)(e), if your CMV license was revoked, you may be eligible for reissuance of the CMV license after 10 years.

Many people base their livelihood on having a Commercial Motor Vehicle License. If you have lost or are in danger of losing your CMV License or Operator’s License, Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message. We’ll discuss your options and help you take the wheel again.

The Fair Debt Collections Practices Act (FDCPA) is a key piece of legislation that protects consumers from inappropriate debt collection behavior. It is not uncommon for companies to utilize extreme tactics in order to attempt to collect sums of money. So where does the statute draw the line between acceptable debt collection behavior and those that are unacceptable? The following are examples of behaviors the FDCPA has deemed illegitimate.

Under Section 805, the debt collector may not communicate with a consumer in connection with the collection of any debt at any unusual time or place. The general rule the FDCPA establishes is that the window for communication is between 8 am and 9 pm. Additionally, if you have hired an attorney to represent you in regard to the debt collection, the debt collector is not permitted to communicate with you unless your attorney is not responding.
Further, under Section 806, a debt collector may not engage in any conduct which consequentially harasses, oppresses or abuses any person in connection with the collection of a debt. This includes violent threats, using obscene or profane language, and repeatedly calling with the intent to annoy, abuse or harass.
There are other illegal behaviors that are more subtle including making false, deceptive or misleading representations in connection with the collection of debt such as falsely representing the amount of debt, implying that an individual is an attorney when they are not, and threatening legal action that cannot be taken.

If a debt collector fails to comply with this law, they are liable for the actual damages sustained as a result of their breach and other damages up to $1,000.00. As a consumer, it is important to know your rights and defend them when they are infringed upon. If a debt collector has employed any of the tactics above or engaged in other questionable conduct, contact the attorneys of Garmo & Kiste, PLC at (248) 398-7100 or send us a private message for more information about what to do next.

Michigan Credit Reporting Error Repair Attorneys:

Checking your credit report is one of the most important things you can do as a credit consumer. The three main credit reporting agencies, Experian, Equifax, and TransUnion, are responsible for maintaining credit files of millions of Americans. Some of these credit files have errors. In fact, the FTC conducted a study of the U.S. credit reporting industry in 2012 which revealed that 5% of consumers had significant errors on at least one of their three credit reports. This study highlighted the importance of regularly checking your credit report for errors. These errors can lead to lower credit scores. Lower scores have a serious impact on your wallet.

So how can you get your credit report? The Federal Credit Reporting Act dictates that each of the three main credit reporting agencies must provide consumers with a free copy of their credit report once a year, upon request. To order your credit report, call 1-877-322-8228 or visit AnnualCreditReport.com for a printable order form. You may also purchase a copy of your report by contacting the agencies individually.

What do mistakes look like? Some agencies may report mortgages that were the subject of short sales as foreclosures, include debts that were paid off, report negative factors that had to do with documented identity theft that were out of your control, or even post debts that belong to someone else.

What should you do if you find a mistake? First, you should write a letter to dispute the mistake with the credit agency that reported it. Some individuals successfully proceed with the dispute process. However, many consumers find that credit agencies don’t always resolve these situations or even respond to communications. These are the individuals that may need to take legal action in order for the agency to fix the mistake. The Fair Credit Reporting Act provides remedies to consumers that have mistakes on their credit report. Consumers may, through legal action, recover actual damages that resulted from the mistake such as economic harm and emotional distress and punitive or statutory damages in some situations. If you have found a mistake and are having a difficult time with a credit reporting agency, call the attorneys at Garmo & Kiste, PLC. We will help you take the steps necessary to resolve the situation. Contact Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or send us a private message.

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

Michigan Spot Delivery and Automobile Dealer Fraud Attorneys / Spot Delivery and Yo-Yo Financing:

Purchasing a car is a very exciting life event. You find a match, sign the paperwork, make a down-payment and get the keys. Most consumers would assume that’s the end of the transaction but a certain practice conducted by some dealerships may make it possible for the dealership to reclaim the vehicle at a later date and time. This practice is called Spot Delivery. This is when a car dealership will tell a customer that they have been approved for financing and complete the paperwork and sale without knowing if a finance company will actually purchase the customer’s credit contract. The dealership will give the customer a temporary registration number and if a finance company will not purchase the customer’s credit contract, then the dealership may decide to reclaim the vehicle. This is called Yo-Yo financing. The dealership may employ deceptive tactics to regain possession of the property including luring customers in under false pretenses such as the opportunity to receive free services. Sometimes the dealership will even refuse to return the down payment.

Not only is Spot Delivery unethical but this is considered an illegal practice in Michigan. Customers that have suffered from this practice may recover the value of the vehicle and sometimes other damages under the Truth In Lending Act and the Michigan Credit Reform Act.

If you have been the victim of Spot Delivery or Yo-Yo Financing, call the attorneys at Garmo & Kiste, PLC. We are experienced attorneys that will fight for your rights. Contact Garmo & Kiste, PLC at (248) 398-7100 now for a free consultation or contact us with a private message.

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

Michigan Juvenile Expungement Lawyer:

Many people think that if you were convicted of a crime as a juvenile, that crime will not be on your record. However, many times that is not the case and these convictions will still appear on a background check. Thankfully, the juvenile expungement statute is somewhat more lenient than that for adults (although the adult statute has recently changed to include the concept of exempt minor offenses). Under MCL 712A.18e, a person who has been adjudicated of not more than 1 juvenile offense that would be a felony if committed by an adult and not more than 3 juvenile offenses, of which not more than 1 may be a juvenile offense that would be a felony if committed by an adult and who has no felony convictions may file an application with the adjudicating court or adjudicating courts for the entry of an order setting aside the adjudications. A person may have only 1 adjudication for an offense that would be a felony if committed by an adult and not more than 2 adjudications for an offense that would be a misdemeanor if committed by an adult or if there is no adjudication for a felony if committed by an adult, not more than 3 adjudications for an offense that would be a misdemeanor if committed by an adult set aside under this section. Multiple adjudications arising out of a series of acts that were in a continuous time sequence of 12 hours or less and that displayed a single intent and goal constitute 1 offense provided that none of the adjudications constitute any of the following:

(a) An assaultive crime as that term is defined in subsection (7).
(b) An offense involving the use or possession of a weapon.
(c) An offense with a maximum penalty of 10 or more years imprisonment.

This means you are eligible if you have 1 juvenile offense which would have been a felony as an adult, and not more than two equivalent misdemeanors, and no felony convictions. You are also eligible if you have three juvenile offenses that would be the equivalent of misdemeanors.

Just as with the adult expungement statute, some exceptions apply including:

1) The offense cannot be punishable by life in prison if it were the adult version of the crime;
2) You can’t expunge traffic offenses;

To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

Failure to Stop Within A Sure and Clear Distance in Michigan:

One of the most common traffic civil infractions that our office handles are Failure to Stop Within Assured Clear Distance (sometimes called failure to stop within a sure and clear distance). Pursuant to MCL 257.627(1), this civil infraction carries a two point penalty on your driver’s license. Often this ticket is written in conjunction with a traffic accident, but it is also often written on its own. While an accident will remain on the record of both parties involved forever, in some cases this ticket can be negotiated down to an impeding traffic charge. Impeding traffic carries no points and will not abstract on your record. This is an advantage because the fewer points on your records, the lower your insurance rates will be.

Points remain on your traffic record for 7 years. As such, failing to deal with a ticket now could mean that down the road you are ineligible for programs to reduce future tickets. This is why it is important to treat every traffic ticket seriously, in order to preserve your clean record. A clean record is very important to preserving your ability to get deals on traffic tickets in the future, keeping your insurance rates low, and avoiding driver’s responsibility fees. Driver’s responsibility fees are routinely assessed against drivers with too many points on their record, and will continue to be assessed until your points fall below a certain threshold. These fines are costly and completely avoidable with some preventive attention.

Our traffic ticket attorneys work in all major metro Detroit courts including but not limited to Troy, Madison Heights, Sterling Heights, Rochester Hills, Warren, and many others. We are familiar with court policies and the city attorneys or prosecutors who work in each court. As such, we are able to get the best deal available in your circumstance. One factor that really helps the kind of deals we are able to negotiate is your attitude with the police officer when you were pulled over. A good attitude can often mean a better deal is available down the line.

Revocation of Paternity Act, Changes and New Developments:

The revocation of paternity act was enacted and became immediately effective on June 12, 2012. The new procedure for revoking paternity allows for mothers, alleged fathers, or affiliated fathers to bring an action to revoke a determination of paternity. Each potential petitioner has to satisfy different tests.

The mother may file under one of two options. Under the first option, the mother must identify the alleged father by name and the presumed father. The alleged father and the mother must have at some time mutually and openly acknowledged a biological relationship between the alleged father, AND the action must be filed before the child is three years old. Under the second option, the mother must identify the alleged father by name. Additionally, where the presumed father has the ability to pay and without good cause, either

the presumed father has failed or neglected to provide regular and substantial support for two years; or
has failed to substantially comply with a support order for two years; or
the child is less than three years of age and the presumed father lives separately and apart from the child.

These are fairly restrictive requirements.

The requirements for a presumed father are more lenient. A presumed father is a man who is presumed to be the child’s father by virtue of his marriage to the child’s mother at the time of the child’s conception or birth. MCL 722.1433(4). In order to bring a Petition, a presumed father may file to exclude a child from his marriage if he files before the child turns three, or if he raises the issue in a divorce or separate maintenance action between the presumed father and the mother.

An alleged father is a man who could have fathered a child. MCL 722.1433(3). For an alleged father to file to exclude a child from a marriage, he must do so under one of three options.

The alleged father must show he did not know or have reason to know that the mother was married at the time of conceptions, and the presumed father, alleged father, and mother at one time mutually and openly acknowledged a biological relationship between the alleged father and the child, and the child is not yet three, and the child’s paternity is or will be determined by a court; or
The alleged father must show that he did not know or have reason to know that the mother was married at the time of conception and either

1. The presumed father, having the ability to support the child has failed and neglected without good cause to provide regular and substantial support for two years
2. Or has failed to substantially comply with a support order for two years; or
3. The child is less than three, and the presumed father lives separately from the child, and the child’s paternity is or will be established by court.

One interesting fact is that a judgment under the RPA does not relieve a man from a prior support obligation. MCL 722.1443(3). This is consistent with the fact that you cannot retroactively contest child support, one may only contest it going forward.

One outstanding issue yet to be worked out by the courts is the future of Serafin motions. While the RPA was enacted in June 2012, so portions of it did not become active until June 12, 2014. As such, the common law relief of a Serafin motion, based on the case Serafin v Serfin, may no longer be available after that time. These motions allowed for the presumption of legitimacy of marriage to be rebutted based on clear and convincing evidence. Some have argued this relief was intended to be concurrent despite the fact that the section of the RPA provides a different remedy for the same problem. This has yet to be clarified by courts.

If you or a family member are facing an issue with respect to paternity, it is important to hire an experienced attorney who can navigate the ever changing contours of this complex law. To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

Have you been contacted by Weber & Olcese, PLC about an outstanding debt? If so, this means that a debt collector has retained this law firm in order to help them collect this sum of money from you. Typically this happens when an individual has credit card debt or unpaid student or personal loans. Depending on your particular situation, your debt or “portfolio” may have changed hands several times from the original debtor to subsequent collectors.

When a firm such as Weber & Olcese, PLC is involved, their job is to do everything they can to recover these funds for their client, the owner of your debt. This means they may have taken legal action or may in the future. If you have been contacted by Weber & Olcese, PLC or a debt collector, it is in your best interest to consider retaining your own legal counsel to defend your rights. The attorneys at Garmo & Kiste, PLC are experts in debt collection cases. Our expertise stems from years working with debt collectors and defending clients in cases involving creditors, debt collection agencies and firms such as Weber & Olcese, PLC. We have handled many cases in cities such as Troy, Novi, and Madison Heights. We have gained detailed knowledge about the various options that may be available to you. Some firms won’t look beyond bankruptcy but we pride ourselves on giving each case individualized attention and finding the correct solution for each client’s situation. If you have been contacted by Weber & Olcese, PLC 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:

Hundreds of car accidents occur in Michigan every day. If damage to your car and a delay in your day isn’t frustrating enough, you may even receive a ticket if you don’t follow the exact protocol following the accident. Under Michigan Vehicle Code 257.618 the driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to a police station or officer.

Failure to Stop and Identify at a Property Damage Accident is commonly called Hit and Run. It is a 6 point misdemeanor offense and carries a hearty fine, and possibly jail and/or probation. Section 619 dictates that the driver of a vehicle who knows or has reason to believe that he or she has been involved in an accident with an individual or with another vehicle that is operated or attended by another individual will do the following:

Give his or her name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided. Then the driver must show his or her license to the individual or driver of whose car was struck or a police officer and do everything to reasonably assist in securing medical aid for anyone injured.

If you have been involved in an accident, fail to meet these requirements and the accident results in damage to a vehicle operated by or attended by any individual, the individual is guilty of a misdemeanor punishable by imprisonment or, more commonly, a fine of $100.00. Tickets for this offense are very common in Michigan. Many drivers that are involved in an accident want to get the whole ordeal over with as soon as possible but it is advisable to take the requisite actions in order to avoid paying a fine on top of any repairs that might need to be done. However, if you were involved in an accident and received a ticket of this nature, there are resources you can use to ensure this ticket does not cause issues in the future. The attorneys at Garmo & Kiste, PLC have a great deal of experience with tickets of this nature in the courts of Metro-Detroit. If you would like more information, please call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

Did you receive a traffic ticket in Rochester Hills, Michigan? Traffic tickets are more common than we like and being a few minutes late could turn into a few points on your driving record. If you get too many points, your license can be suspended or even revoked. This is why it is best to take steps to prevent points from being placed on your driving record in the first place. The Michigan Vehicle Code assigns points for each violation but only after you have been convicted or found guilty of or responsible for a civil infraction. Points placed on your driver record remain there for two years from the date of conviction and cannot be removed by the Secretary of State. If you received a ticket in Rochester Hills, Michigan and would like more information about traffic law or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

The following is a list of points associated with common traffic convictions:

Six Points:

Manslaughter, negligent homicide, or other felony involving use of a motor vehicle.
Operating under the influence of liquor or drugs.
Failing to stop and give identification at the scene of a crash.
Reckless driving.
Unlawful bodily alcohol content of 0.08 or more.
Refusal to take a chemical test.
Fleeing or eluding a police officer.

Four Points:

Drag racing.
Operating while visibly impaired.
Under age 21 with any bodily alcohol content.
16 mph or more over the legal speed limit.
Failure to yield/show due caution for emergency vehicles.

Three Points:

Careless driving.
Disobeying a traffic signal or stop sign or improper passing.
11 through 15 mph over the legal speed limit.
Failure to stop at railroad crossing.
Failure to stop for a school bus or for disobeying a school crossing guard.

Two Points:

10 mph or less over the legal speed limit.
Open alcohol container in vehicle.
All other moving violations of traffic laws.
Refusal of Preliminary Breath Test (PBT) by anyone under age 21.

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