Legal Question in Credit and Debt Law in Michigan

I got fast talked by vivint alarm worker who knocked on my door and tried to offer me their services I already had an alarm system but eventually he talked me into it not knowing that it was a contract that I was signing anyway to make a short story long the services was lousy and I complain and eventually I just dropped them and here we go years later they come back and talking to me would a ridiculous amount of 5 $6,000 for 60 months of service that I didn't have them and they threatened to put a lien on my home after serving me some papers sometime today all I want to know is can they put a lien on my home


Asked on 4/28/16, 7:48 am

1 Answer from Attorneys

Andrew Campbell Andrew L Attorney at Law

If they served you papers then are you saying that they served a summons and complaint (a lawsuit)? I cannot really answer you unless that was actually a lawsuit you were served. If you were served a lawsuit you MUST file a written answer with the court. There is no court date until you file an answer and you must do so very quickly 21 days if handed the papers personally. Do not call them and try and work it out, they will lie and simply default you (meaning file a document with the court after time has expired telling the court they served you and you didn't answer which means you ADMIT their allegations as true). Be careful. You must file an Answer if it is a lawsuit. Do not delay but you also must file Affirmative Defenses. If you don't file those then you waive those and cause all sorts of problems later on.

If they serve you and get a judgment against you then they can probably get a lien filed in the Register of Deeds. However, you do have defenses. First they cannot say that they will put a lien on your home, they can say that if they win their lawsuit they will file documents with the court requesting a lien. In other words, they cannot simply assume they will win the case, this must be stated properly. They also might have violated Michigan Home Solicitation Act. In fact, in most instances (there are always exceptions) they have to prove that at all times they complied with that particular law. If they didn't it is possible that you have a good defense. This is worth looking into.

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Answered on 5/03/16, 9:03 pm


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