Wednesday, May 17, 2017

Uber’s Greyball Targeted by Justice Department

Uber, the popular ride-sharing app, puts users worldwide in touch with everyday drivers looking to make some money. But the City of Portland and the U.S. Justice Department say the company’s “Greyball” software might have crossed a line, singling out regulators and taking them on a different kind of ride.

Wednesday, May 10, 2017

Collections Lawsuit? A Lawyer Helps

No one wants to go to court to avoid paying creditors. Unfortunately, thousands of people every year face collections lawsuits. Find out what to expect, and what an attorney can do to help.

Demand Letters Are Lead-Ins to Court

If you receive a demand letter from a collections agency, sometimes also called a validation notice, it is the first sign that you may be headed to court. Under the Fair Debt Collection Practices Act (FDCPA), before a creditor can file a collections lawsuit against you it must first send you a notice that states:
  • The amount you owe
  • The name of the creditor
  • That you have 30 days to dispute the debt or the collector has the right to assume it is valid
  • That if you dispute the debt in writing within 30 days you are entitled to receive a verification of the debt and its amount
  • That you are entitled to the name and address of the original creditor upon request during that initial 30 days
If you receive this letter, you should contact a collections defense attorney right away. If you wait for the 30 days to go by you could be giving up valid legal defenses.

Inability to Pay Is Not a Defense

Many people choose to represent themselves in collections lawsuits based on their lack of available funds to pay their debts. There are many defenses to a collections lawsuit, but inability to pay is not one of them. If all you have to say is that you don’t have the money to pay, you will most likely end up with a judgment against you.

Instead of going in with nothing but your empty pockets, you should speak to an experienced debtor’s rights attorney before appearing in court. Many creditors violate laws and court rules in attempts to get paid. A lawyer can help you prove to the court:
  • That the debt is not yours
  • That the amount is wrong
  • That interest has been applied improperly
  • That you did not receive proper notice of the debt or the lawsuit
  • That the collections agency cannot prove the alleged debt exists
  • That the collections agency violated the law by harassing you for payment
  • Other legal defenses based on your specific facts
Many defenses must be raised within the first few weeks of a collections lawsuit. They must be included in a formal “Answer to Complaint” that is filed with the court. It is important that you talk to a collections defense attorney right away to preserve these defenses and make the best of a bad situation. 

Dani K. Liblang, at The Liblang Law Firm, PC, in Birmingham, Michigan, has been representing debtors in collections lawsuits for over 30 years. She knows how to make the facts work for you. At the first sign that you are headed to court, contact The Liblang Law Firm, PC, for a free consultation.

Wednesday, May 3, 2017

Who Pays Your Personal Injury Lawyer After an Auto Accident?

The auto insurance company is refusing to pay your medical bills and collections companies are calling you directly. The last thing you want to do is pay more money to an attorney to get help. The good news is that in many cases, you aren’t the one that pays your personal injury lawyer after an auto accident.

Wednesday, April 26, 2017

Michigan Supreme Court Strikes Down Slip and Fall Case

Just as Michigan was ready to put winter in its rear-view mirror, a recent order from the Michigan Supreme Court brought ice and snow back into focus.

Black Ice Causes Slip and Fall Accident

Marguerite Ragnoli was walking in the parking lot at North Oakland-North Macomb Imaging, Inc. The sun had gone down, but the lights in the parking lot hadn’t come on yet. Temperatures hovered around freezing, and a heap of snow was piled in the parking lot. It was warm enough that the pavement was wet and the snow was melting. Ragnoli slipped on a patch of black ice and fell, suffering serious injuries. She sued North Oakland-North Macomb Imaging, Inc., based on premises liability.

Premises Liability, Slip and Fall, and Icy Weather

When property owners invite people onto their property, they are required to take reasonable care to protect them from dangerous conditions causing an unreasonable risk of harm. But where those dangers are “open and obvious” it is up to the visitor, not the property owner to avoid the danger.
“Open and obvious” means that an average person would have discovered the danger through a casual inspection. When it comes to ice and snow, the question of an open and obvious risk depends on the surrounding weather conditions. Where wintry conditions exist, individuals are generally put on notice of the risk of ice and snow. They walk at their own risk.

Court of Appeals Finds Special Aspects to Parking Lot

Even when wintry conditions abound, a premises liability lawsuit can survive if certain “special aspects to the condition” exist. In Ragnoli’s case, last year the Michigan Court of Appeals found that the darkness of the parking lot created just such a special aspect. The court found that a question of fact existed as to whether “a lack of lighting in the parking lot prevented Marguerite from seeing the ice.”

Michigan Supreme Court Strikes Down Slip and Fall Case

Recently, the Michigan Supreme Court issued an order (in lieu of granting leave to appeal) overturning the Court of Appeal’s decision. The Court said:
“[N]otwithstanding the low lighting in the parking lot, the presence of wintery weather conditions and of ice on the ground elsewhere on the premises rendered the risk of a black ice patch ‘open and obvious such that a reasonably prudent person would foresee the danger’ of slipping and falling in the parking lot.”
The Supreme Court order solidified the “open and obvious” defense to a premises liability lawsuit, making it very hard for plaintiffs to collect benefits for slip and fall cases based on ice and snow. It takes an experienced personal injury attorney like Dani K. Liblang of The Liblang Law Office, PC, in Birmingham, Michigan, to identify winning legal theories and collect benefits for plaintiffs’ injuries. If you have been injured in a slip and fall accident, contact The Liblang Law Office, PC, to find out if you have a case.

Wednesday, April 19, 2017

Buying a Used Car “As Is”? Read This First

When money is tight, buying a used car “as is” may be tempting. But is it worth the risk? Find out what you are giving up before your sign the title.

Wednesday, April 12, 2017

Fatal Good Samaritans Accident Raises Questions

A teen driver recently hit two Good Samaritans who were assisting injured motorists. The crash raises questions about whether alcohol or distracted driving was involved, and who is to blame for the damages.

Wednesday, April 5, 2017

Liblang Law Firm, PC, Wins on Hyundai Lemon Law Lawsuit

What would you do if your brand new car went to the shop 21 times in just a few years? For one Liblang Law Firm, PC, client, that red flag led to a winning lemon law lawsuit.