mkiste, Author at Garmo & Kiste PLC | Troy Michigan Attorney | Lawyer 248-398-7100 - Page 6 of 19Garmo & Kiste PLC | Troy Michigan Attorney

If you have received a letter from Zwicker & Associates, PC or another debt collection firm stating you have an outstanding balance, there are a few things you need to know. Zwicker & Associates, PC is a debt collection firm that frequently represents Discover and American Express. They pursue legal action on behalf of these debtors, hoping to collect outstanding debts.

Debt collectors are required to follow certain rules, though some will push the legal limits. They are required to inform you of the exact amount you owe, tell you who they are and what entity they represent. They are not allowed to give you false information, claim that they work for a credit reporting agency, or tell you that you are guilty of committing a crime. If you have been contacted by someone claiming any of these things, this is a signal that the debt collector may be using abusive, illegal practices.

There are a number of tips you may implement in order to ensure you don’t get strong-armed by these entities. Ensure you are familiar with your rights under the Federal Fair Debt Collection Practices Act (FDCPA). The FDCPA may apply to lawyers if they are acting as a debt collector. Further, though the debtor hopes to collect the full amount of your balance, you may be able to settle for less than the amount they claim you owe. Even if you owe a large amount, bankruptcy is not your only option. Paying a lump sum may not be possible for you but an experienced attorney can be instrumental in reaching a settlement and arranging a payment plan with collection firms such as Zwicker & Associates, PC on your behalf. This can make it easier for you to pay off outstanding debt.

For more information about Debt Collection Defense and Zwicker & Associates, PC 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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Have you been sued by Rausch, Sturm, Israel, Enerson, & Hornik, LLC? If so you are not alone. Whether you are sued based on an underlying credit card debt, deficiency, or judgment, our experienced attorneys can attempt to negotiate a deal and settle the debt in full. Rausch, Sturm, Israel, Enerson, & Hornik, LLC is such a large scale operation that you are able to submit an offer in compromise online. However, when we take the case, we are able to speak directly with the negotiators and attorneys who are responsible for your file. We have experience with this company and, in fact, used to be debt collectors ourselves. As such we know all the ins and outs of the system and can leverage that to secure you the best deal possible.

It is best to contact a debt collection defense attorney as soon as you are a few months behind on a debt. At that time we can strategize how to best negotiate a settlement based on your change in circumstances, decreased income, job loss, etc. However, we can still help even if your debt has been sold off to a collection agency, third party debt buyer, or is in active litigation (meaning you have been sued). Once you have been sued you must act fast, as debt collection attorneys Rausch, Sturm, Israel, Enerson, & Hornik, LLC are an aggressive firm and if you do not answer in a timely fashion and according to the court’s specifications you could end up with a default judgment against you or even a writ of garnishment for your wages or income tax.

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 Rausch, Sturm, Israel, Enerson, & Hornik, LLC, Call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

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Many individuals that have been subject to the debt collection process perceive it as confusing, questionable or even unfair. That was the exact sentiment of Wallace, who brought a claim against a debt collector over a letter it sent him. Specifically, Wallace and his attorney, brought a claim against Diversified Consultants over the wording of directions in the notice letter. The letter stated that he owed $2,000.00 for a phone bill and that he must respond within 30 days “of” receiving the notice. The federal law governing debt collection requires that individuals be informed that they have 30 days to respond “after” receiving the notice.

Wallace filed this claim in federal court but his claim was dismissed. He appealed this dismissal and the Court of Appeals once more determined that this claim was unfounded because a reasonable person would understand what the notice meant. Though this was clearly a frivolous claim, there are specific procedures that debt collectors must follow. Individuals in debt do have rights that debt collectors cannot infringe upon including the right to not be repeatedly harassed at work. It is important to find an attorney with a track record of taking cases seriously. You can trust that the attorneys at Garmo & Kiste, PLC will defend your rights with integrity, provide tailored service to your case and will not waste your time.

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 Diversified Consultants, Call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

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Sued by Midland Funding, LLC in Michigan? We can help

If you have past due debts on credit card accounts, deficiencies, or other debts you may have creditors calling and harassing you. Eventually, the debt may be purchased by a third party debt buyer such as Midland Funding, LLC. This means that the debt has been charged off, (written off as bad by the original debt holder) and the original note-holder may have collected on an insurance policy. Since these debts have a track record of being unpaid, they are a bargain and can be sold in bulk to companies like Midland Funding, LLC.

This is actually good news for the person owing the debt, because debt buyers tend to settle accounts for much lower than original debt holders. The debt is already charged off, and they have purchased the debt for a very small amount so they can make a profit on a much lower percentage. On the other hand though, they are pretty aggressive in collection so if the debt remains unpaid for long enough while it is owned by Midland Funding, LLC they will almost always sue. In these cases Midland Funding, LLC is usually represented by one of three large law firms: Mary Jane Elliott PLLC, Stillman Law Offices, or Weltman, Weinburg, and Reis. Our offices have worked with these law firms extensively. In fact, our attorneys used to be debt collectors themselves before they became defense attorneys- we know all the tips and tricks of the trade and can put them to work for you.

Once you are sued, you must take action and answer the court in a specific format or else Midland Funding, LLC will take a default judgment against you. We get many calls from people who have had a default taken against them. Usually these people are being subjected to wage garnishments or income tax return garnishments. While we can still help these individuals, you have a lot more leverage if an attorney gets involved from the beginning. We can help you respond to the court appropriately, protect your rights, and ultimately negotiate a settlement on your behalf for less than the total debt.

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.

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Michigan Criminal Defense and Crimes of Moral Turpitude:

Our final post concerning convictions for non-US citizens will address which crimes are considered to be crimes of moral turpitude. As mentioned before, being convicted of a crime of moral turpitude can render a non-U.S. Citizen removable or inadmissible.

A crime of moral turpitude is merely a description for other crimes. This category includes crimes of violence as well as other crimes that may carry moral indicators. Murder and other aggravated misdemeanors and felonies are considered crimes of moral turpitude. Domestic abuse and other family-related offenses may be considered crimes of moral turpitude. For example, child neglect and domestic assault can render you removable. Other crimes of moral turpitude are immigration fraud, trafficking weapons or drugs, and retail fraud.

Crimes that are not associated with moral turpitude include basic assault, operating while intoxicated, disorderly conduct, and even carrying small amounts of marijuana. The difference between being convicted of a crime of moral turpitude and avoiding a misdemeanor that is considered to bear moral turpitude hinges on whether you can successfully plead other offenses down to disorderly conduct. This is why having an attorney that is experienced in criminal defense and understands your situation is so important.

The moral character of an applicant is a substantial factor taken into account by the United States Citizenship and Immigration Services during the naturalization review. Further, being convicted of crimes of moral turpitude may have effects on visa, green card and naturalization applications or render you removable.

It is extremely important that you consult an attorney to review your criminal record if you are facing a crime such as this. Obtaining counsel that understands the difference between crimes of moral turpitude and crimes not associated with moral turpitude is important to ensure your future is secure. The attorneys at Garmo & Kiste, PLC are seasoned defense attorneys. We pride ourselves on providing individualized care in order to achieve the best outcome for each and every one of our clients.Contact us with a private message for a free Consulation.

Have you been sued by Cavalry SPV I, LLC? As a debt buying agency, Cavalry SPV I, LLC purchases bad debts or otherwise troubled accounts from loan initiators. Because a large proportion of these investments will not pay off, Cavalry is often willing to work with a borrower who comes to the table to negotiate. Furthermore, since they are not the originators of the note, and got a deal on the debt in the first place post-charge off, they may be willing to take a lower settlement amount. Our offices have had great success negotiating with Cavalry SPV I, LLC for pennies on the dollar.

There are several keys to our success. First, we work with Cavalry all the time. We know the attorneys who more than likely will end up handling the suit if you are ultimately sued. We know what collectors want to see to get lower offers. This is because our attorneys worked as debt collectors prior to opening our debt collection defense firm. We know the tricks of the trade and how to turn them around for your benefit.

While Michigan is generally a very creditor friendly state, recently we have had some favorable decisions for debtors. In McDonald v Asset Acceptance it was held that a third party debt buyer (Asset Acceptance and Cavalry are very similar in this respect) may not charge interest for the period of time post charge off. Charge off is when the originator of the loan writes off the debt and the actual amount of loss (which is much lower), at times makes an insurance claim on the amount lost. There is some debate as to whether courts will interpret this to mean that once the debt buyers own the debts they can begin charging their own interest, or whether the interest is forever waived as assignees stand in the shoes of their assignors.

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 Cavalry SPV, Call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

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Opening Day 2014, Tigers take on Kansas City Royals

Opening day is here and with it spring temperatures. While we all remember past opening days when it was chilling and people were anxious to head home early, this year it’s actually nice enough to be outside and even hit the bars after the game. However, police are active and in the area during opening day and are often writing an inordinate number of citations.

Have you been charged with urinating in public at the Tiger’s opening day? If so, you may be charged under the city ordinance, or state law. Detroit’s code Sec 28-9-2.0- Indecent exposure states that “No personal shall make any indecent exposure of his or her person in any public place.” MCL 750.335a states: A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another. Violation of the section is a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both. While both of these sound fairly ambiguous and like they are not a big deal, they actually have pretty serious consequences. You can end up on the sex offender registry unless these charges are successfully negotiated and reduced by an experienced attorney.

Have you been charged with a drinking and driving/DUI offense on opening day? Michigan law provides strict penalties for operating while impaired (OWI), operating while visibly impaired (OWVI), and OWI High BAC (HBAC Law), where your blood alcohol content is .17 or above. These are difficult charges to handle with an attorney, let alone on your own especially if it is not your first offense. You are looking at licensing ramifications, as well as potential jail time, court costs and fines. An experienced attorney can work to mitigate these penalties and protect your rights.

Finally, each year around this time we hear from people who have been charged with a Minor in Possession (MIP), open intoxication/public intoxication (public intox or open intox), or drunk and disorderly conduct. These are all misdemeanor offenses which can be negotiated with the city attorney or prosecutor to minimize the effect on your life. However, without an experienced attorney you risk jail time, a permanent criminal record, and high costs and fines. Our offices work with local prosecutors and city attorney’s every day and can work to get you the best deal available so you can go on to enjoy the rest of the season in peace. Contact Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

Criminal Convictions and Non Resident Visas Michigan:

In a previous blog, we discussed the various statuses an alien may have in the United States and the rights that are associated with those statuses. It is important to keep in mind that these statuses can be affected by criminal convictions. Under 8 USC 1101(a)(48), a conviction is defined as a formal judgment of guilt entered by a court, a finding of guilty by a judge or jury, the entrance of a guilty plea or nolo contendere by the alien or admittance of sufficient facts to warrant a finding of guilty when the judge has ordered some form of punishment, penalty or restraint on the alien’s liberty. This broad classification includes pleas under the Holmes Youthful Training Act.

So what exactly are the ramifications of a criminal conviction? Convictions can make aliens removable or inadmissible. Removal (or deportation) involves a hearing before an immigration judge. Inadmissibility applies to aliens who are seeking entry into the United States or aliens who are currently in on U.S. soil and are attempting to obtain permanent status through a green card. Illegal aliens are typically considered both removable and inadmissible.

The effects a conviction may have depend on the nature of the crime. For example, crimes of moral turpitude such violent crimes or crimes involving theft or fraud that are punishable for more than a year may render an alien removable or inadmissible. Further, multiple convictions of crimes with moral turpitude can result in removal and detention.

If you are an alien facing criminal charges, it is extremely important that you seek the help of an experienced attorney who understands your status in the United States. The attorneys at Garmo & Kiste, PLC have handled many cases and will select ideal tactics when handling your case in order to achieve the best possible outcome. Contact Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.

Failure to yield to an emergency responder is a surprisingly common offense in Michigan. It frequently occurs when a police officer is attempting to pass through traffic or has pulled someone over to the side of the road. MCL 257.653 gives us the details of this offense and some clarification about what is expected of other drivers.

Under 257.653, when an authorized emergency vehicle approaches with its lights and sirens on, the drivers of other vehicles are required to yield the right of way and pull over to the side of the road until the emergency vehicle has passed. If you fail to do this, you may be guilty of a misdemeanor.

Under 257.653a, if there is a stationary emergency vehicle with its lights on, other drivers are required to move one lane away or, if this is not possible, to reduce speed to such that is safe. Violating this provision results in a misdemeanor. This is punishable by a fine of up to $500.00 and/or imprisonment for up to 90 days. The primary concern here is that the police officer will likely need to exit his or her car in order to address situations. Therefore, it is safer if drivers give them extra space.

Under 257.653b, approaching and passing a garbage or recycling truck or other type of utility or road service vehicle that is giving off visual signals like lights, other drivers are required to reduce speed. This is also a misdemeanor even though it is not an emergency vehicle.

Though these instructions are guided by common sense, it is easy to forget to obey them, especially if you’re in a hurry. If you have been charged with failure to yield to an emergency responder or vehicle, contact the attorneys at Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message. We are an experienced law firm and regularly represent clients in Macomb, Oakland, Wayne and Lapeer County, making us ideal representatives for your case.

Are you a Immigrant Facing Criminal Charges? As a U.S. alien, it is important to understand your status because it determines your rights on U.S. soil. As a non-citizen or non-national, there are 3 categories you may be a part of.

The first category is legal permanent residents. Individuals in this group are green card holders. As a permanent resident and green card holder, you are protected by all laws of the United States, your state of residency and your local jurisdiction. You have the right to live permanently and work in the United States. Also, you are able to choose whatever lawful profession you desire so long as it is not limited to U.S. citizens only. These rights do come with responsibilities. As a green card holder, you must obey all U.S., state, and local laws, file income tax returns and reports, and, if you are a male between the age of 18 and 25, you must register with the Selective Service. Further, if you are convicted of a crime you may lose your green card.

The second category of aliens is non-immigrants who are legally in the United States. These individuals are in the United States temporarily as tourists, business or temporary workers, or students. These individuals must possess visas and may only perform activities related to that visa. For example, if you receive a temporary work visa, you must work for the employer that you listed on your visa application. If you would like to change employers, you must take steps to amend your visa application. A non-immigrant may possess multiple visas, each for a different purpose. If you receive nonimmigrant status through a visa, you gain certain rights. If you have a temporary work visa, you have the right to be treated and paid fairly under U.S. law and to keep your passport and other documents in your possession. However, like a green card, your visa may be subject to revocation if you are convicted of a crime.

The third category of aliens is illegal aliens. These individuals entered the country illegally (without a green card or visa) or may have entered legally but remained beyond the authorized amount of time. If you are an illegal alien you still have rights under U.S. law. However, individuals in this category are often in a difficult position because they may not exercise those rights for fear of drawing attention to their illegal status. Additionally, if you are convicted of a crime you may be subject to deportation.

Though these statuses guarantee certain rights, they are subject to certain rules. If you are convicted of a crime it may jeopardize your status. If you are facing criminal charges and you are a not a U.S. citizen or national, call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message. The attorneys at Garmo & Kiste, PLC are experienced criminal defense attorneys and will fight for your rights.

Sued by Zwicker & Associates, PC in Michigan?

Michigan Criminal Defense and Crimes of Moral Turpitude:

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