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Michigan Counterclaim M.C.L. 339.901 et seq


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Michigan Occupational Code M.C.L. 339.901 et seq. specifically:

339.91(2) Notice of debt; dispute and verification of debt amount

If the consumer notifies the collection agency in writing, within 30 days after receiving the written notice, that the debt, or any portion of the debt, is disputed, collection of the debt or any disputed portion of the debt shall cease until the collection agency obtains verification of the debt and a copy of the verification or judgment is mailed to the consumer by the collection agency.

Verification of the debt or any disputed portion of the debt shall include the number and amount of previously made payments and the name and address of the original creditor, if different from the current creditor, or a copy of the judgment against the debtor.

Many times the State Laws mirror FDCPA or they will have some additional requirements that are almost always overlooked by collection agencies. Michigan has a 50.00 per incident fine (plus attorney costs) BUT it triples if it is a blatant violation, so if you in particular have a small debt that they are going against you on these little violations can add up.

I'd bet we would be hard pressed to find a Michigander that was actually provided the number and amount of previously made payments and more than 1 or 2 that included that violation in their counter claims.

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