Garmo & Kiste

Monday, May 12, 2014

Law Enforcement Develops Marijuana Breathalyzer

Release Imminent: Law Enforcement Develops Marijuana Breathalyzer:

What a long strange trip it has been indeed, with respect to the various legal iterations of our society’s relationship with marijuana. What was first medicine was then criminalized, before being re-legalized for medical purposes at the state level in many states (including Michigan), and has now been decriminalized for recreational purposes in Colorado, Washington, and many Michigan cities. As the recent changes were largely effected by referendum legislator made law has failed to keep up with the changing times.

As such, law enforcement thinks it is high time for regulation to catch up. Researchers who believe that driving while under the influence of marijuana as driving under the influence of alcohol believe they may have finally come up with a new solution in an older form: the breathalyzer. The idea is that a simple breath test could reveal the presence of THC (the active chemical in marijuana) in the body. While breathalyzers are notoriously unreliable even for alcohol, this particular type of Breathalyzer has unique challenges.

The marijuana Breathalyzer can only detect THC, according to the study, 30 minutes to two hours after smoking. Those who smoke regularly may have a positive reading after up to a week of abstinence, much like the increased recovery time of heavy users in urine tests. This is problematic as it means that a person could be arrested for driving while under the influence of marijuana up to a week after using what is now a legal recreational substance. Furthermore, there are no safeguards yet in place for those who have a medicinal marijuana card. Additionally, this study Finally, even those who are very impaired who smoked even 30 minutes prior to the test may pass in some instances.

While we do not endorse driving while impaired, our experienced attorneys feel that this new Breathalyzer may present serious legal issues as applied to our clients. Hopefully by the time it gets out of the development stage these kinks have been worked out to ensure that those who are exercising their legal rights are not ensnared by these regulations.

http://www.hightimes.com/read/marijuana-breathalyzer-close-reality

To retain Garmo & Kiste, PLC, for assistance in these matters please contact 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.

Improper Transporting of Medical Marijuana in Michigan

Medical Marijuana is recognized as a legal substance for registered patients in the state of Michigan. Patients with recognized conditions may use and carry the drug legally under Michigan Law. Patients may apply for and receive an ID card from the State which provides legal protection if they are confronted with Michigan police officers.

Recent developments in Michigan law have slightly altered how patients may carry marijuana. Michigan Public Act 460 became enforceable in 2013.

The Act clarifies how marijuana may be transported in motor vehicles.

Specifically it states that a patient may not transport or possess usable marijuana in or on a motor vehicle or any self-propelled vehicle designed for land travel unless the marijuana is enclosed in a case in the trunk of the vehicle or, if the vehicle does not have a trunk, the marijuana is enclosed in a case that is not readily accessible from the interior of the vehicle. This law applies only to patients carrying marijuana that can be smoked or otherwise used by the patient, but not seeds or marijuana plants. This offense is a misdemeanor and is punishable by imprisonment for up to 93 days or a fine of not more than 500.00 or both.

Many medical marijuana users find themselves faced with this new offense as it is increasingly common. Though this may seem like another caveat of liability for medical marijuana users, the state legislature passed the bill with a large majority, reflecting that our representatives believed strongly in the law and that more laws similar to this may develop in the future.

Marijuana laws are complicated. Michigan lawmakers have compiled these rules in a piece-by-piece manner. New laws are developing constantly and existing laws may be amended through the future. Further, federal and state law conflict. If you are a medical marijuana user or are considering it as a treatment option, it is increasingly important that you are knowledgeable about how the laws work. Our attorneys here at Garmo & Kiste PLC can serve as your legal resource because we have experience in this area of law. We can explain how the laws interact and help to ensure you are in compliance with them in regards to your medical marijuana treatment. Whether you are facing an offense or would like to ensure your treatment is carried out in a legal manner, please contact us at (248) 398-7100 for a free consultation or contact us with a private message.

Sued by LVNV Funding in Michigan? We can Help.

LVNV Funding is a debt collection agency, often referred to as a Junk Debt Buyer. Their business is based in purchasing your debt from an organization that you owe money to. The organizations they may have purchased your debt from include banks or other financial institutions or even other debt collection agencies. Once they own your debt, they will become the collector and will pursue payment from you. If they contact you about debt collection or if their name appears on your credit report this may mean that you owe them money. Understanding and handling your debt situation is complicated and often times confusing to the point of frustration. For more information about LVNV Funding, call us at (248) 398-7100 for a free consultation or contact us with a private message. We are licensed Michigan attorneys, with offices in Troy, and Lake Orion Michigan.

In Michigan LVNV Funding is often represented by Mary Jane Elliot’s office, Weltman Weinberg & Reis, or Stenger & Stenger, P.C. You may have received letters about the amount you owe, describing the transfer of your debt. You may see names of debt collection agencies you’ve never heard of before, including LVNV Funding. That’s because your debt can legally be transferred multiple times without your consent. Amidst these transfers, you may lose track of a debt you owe. Often times individuals receive notification about owing a debt that is higher than they were expecting. It can be very difficult to understand the transfer of your debt and even more difficult to get any information from debt collection agencies such as LVNV Funding. The attorneys at Garmo & Kiste, PLC are here to answer your questions and will pursue the information you need. It is important to go through the process with an expert to ensure that your debt payments are given to the correct debtor and that the proper documentation follows in order to ensure that your debt will be legitimately and wholly cleared. This is especially important when you see multiple names, including LVNV Funding, on statements.

In some cases, the behavior of LVNV is not legal. Their actions could be in violation of the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that serves to protect consumers from abusive debt collection behavior. This includes communicating at unusual times or contacting you directly once you have obtained an attorney. Though this law applies in Michigan, many are unaware of the protection it grants. If LVNV or another debt collection agency has engaged in behavior such as this, please contact Garmo & Kiste, PLC to help. For more information about LVNV Funding, call us at (248) 398-7100 for a free consultation or contact us with a private message. We are licensed Michigan attorneys, with offices in Troy, and Lake Orion Michigan.

The attorneys here at Garmo & Kiste, PLC have expertise in this area of law. Hiring Garmo & Kiste, PLC will give you a leg up on LVNV Funding and other debt collectors because we have worked with debt collectors in the past. We are knowledgeable about the debt collections process and how these businesses handle these matters. We have also handled numerous cases for defendants facing legal action by a debt collection agency. We have the experience to handle your case no matter what your needs are. Call us at (248) 398-7100 for a free consultation or contact us with a private message.

Bankruptcy Lawyers in Troy | Royal Oak | Novi | Clawson | Michigan

Do you have mounting Debt? Have you been sued by a medical provider, a credit card company on a bank loan, or by a former landlord, etc.? Let us help you. The Attorneys of Garmo & Kiste, PLC are experienced Debt Collection Attorneys who now specialize in Debt Collection Defense and Bankruptcy Work. In the past we learned the trade working for Credit Card Companies and Debt Collection Agencies. Yearly we handle hundreds of collections and collections defense cases.

For more information about Bankruptcy Lawyers in Troy | Royal Oak | Novi | Clawson | Michigan and Bankruptcy Work or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. We are licensed Michigan attorneys, with offices in Troy, MI. We are not a debt relief agency.

Our Familiarity with Collections Industry…

One of the greatest advantages of hiring our firm is the connections we bring to the process. Because of our past employment, typically we know the Plaintiff, their Attorney, the Court, and the Judge. We can quickly assess the facts of your case, in efforts of determining the best course of action and in turn the best possible result for you, our client. We know more loop holes than most attorneys, and we know when it’s time to fight and when it’s time to settle. For this reason, looking for an attorney who practices in the county where you were ticketed is particularly helpful, that said we regularly practice in Oakland, Macomb, Wayne, and Lapeer Counties. What follows is a list of Collections Defense matters our firm has handled recently.

BANKRUPTCY:

During your free consultation, we will go over your personal situation and explain how bankruptcy may affect each of your debts, property and assets. We will never recommend bankruptcy unless we believe you need it. Unfortunately with the economic recession, mounting obligations, and dramatic home devaluation, debt has become a major anchor around the neck of Americans both in Michigan and nationwide. As a consequence, bankruptcy has become a high volume industry in which many attorneys push unnecessary bankruptcies on consumers to turn quick profits for themselves. At Garmo & Kiste, PLC our aim has always been to provide the very best counsel to our clients and to be as objective as possible about your options, not to turn quick profits.

For more information about Debt Collection Defense and Bankruptcy Work or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation. Payment plans are available, and as always you are under no obligation to retain our services and our advice during the consultation is free.

What is a Chapter 7 Bankruptcy?

Chapter 7 is the most common form of bankruptcy in the United States. Chapter 7 bankruptcy is sometimes called “liquidation” bankruptcy it cancels your debts, but you might have to let the bankruptcy court liquidate sell some of your property for the benefit of your creditors. If you are being crippled by high credit card debt or medical bills, Chapter 7 may be a way for you to discharge those debts, once complete you will receive a Bankruptcy Discharge and your obligation to the discharged debts will be over. The whole Chapter 7 bankruptcy process takes about four to six months, and commonly requires at least one trip to the courthouse.

For more information about Debt Collection Defense and Bankruptcy Work or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

What is a Chapter 13 Bankruptcy?

Chapter 13 bankruptcy, often called “reorganization” or “consolidation” bankruptcy is very different from Chapter 7 bankruptcy, which wipes out most of your debts. When your income is determined to be too high for a Chapter 7, but you are facing foreclosure on your home, auto repossessions or tax debts, Chapter 13 can help give you some breathing room. In a Chapter 13 bankruptcy you use your income to pay some or all of what you owe to your creditors over time. 99% of all debtors who file Chapter 13 keep their assets, however not everyone qualifies for Chapter 13, and some debtors would be better off filing for Chapter 7.

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

Friday, February 21, 2014

Asset Acceptance LLC Michigan Debt Defense

Limits the rights of Debt Buyers in Collections Matters

Our office has worked extensively with the collectors and lawyers representing Asset Acceptance, LLC. This debt collection company was recently involved in a class action lawsuit. The Plaintiffs in the lawsuit were people like the people we often represent who had defaulted on a loan which had been sold to Asset Acceptance. In order to understand the opinion, it is critical to understand the definition of “charge-off” with respect to a debt. According to the opinion “At some point after Plaintiff’s default, the original creditor determined that these respective debts were uncollectable, and therefore decided to ‘charge-off’ the debt… Creditors charge-off debt in accordance with federal regulations that permit the creditor to remove the debt from their financial records. See Victoria J. Haneman, The Ethical Exploitation of the Unrepresented Consumer, 73 Mo. L. Rev 707, 713-14 (2008) … These accounts are treated as a loss wherein the creditor receives a tax deduction under the Internal Revenue Code[1]. Id. at 714. Asset purchased Plaintiff’s charged-off accounts for pennies on the dollar and began its own collection efforts.” At this time the Defendant Asset Acceptance began to charge interest on the notes which had already been charged-off by the original creditors.

The issue in this case is whether the original creditor can continue to charge interest on the debts once they are charged off. The Plaintiff’s argue that since Asset Acceptance, as assignees of the note, stand in the shoes of the original creditor with no greater rights. As such, interest could not be collected without violating the Fair Debt Collection Act. The court sided with the Plaintiffs holding that “Because [the original creditors] waived the interest, Asset could not retroactively impose interest for the period in which it did not own the accounts.” McDonald v. Asset Acceptance, LLC, United States District Court, E.D. Michigan, Southern Division. Aug 7 2013. Slip. Op.

So, what does this mean for you? The holding is relatively narrow as applied to most debtors. However, if you believe that interest was accrued between the time your note was charged off, and purchased by the collections company, you may be entitled to a reduction in total balance.

For clarification of this, or other debt collection matters, contact Garmo & Kiste, PLC,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.

[1] Footnote mine: Additionally, in many cases the original creditor has insurance to cover bad debts and will receive a pay out on these charged-off notes. (McDonald v. Asset Acceptance LLC Michigan Debt Defense)

Thursday, January 9, 2014

Michigan Seat Belt Safety Law & the Police

Less than half of Michigan Police Officers comply with the Michigan Seat Belt Safety Law?

A recent national study states that 50% of police officers do not buckle their seat belts when driving a car. This compares with 86% of the nation generally. This study comes on the heels of the Los Angeles Police Department’s 2012 statistics which showed that 37% of police officers involved in accidents were not wearing their seat belts at the time. Additionally, national failure of officers to wear a seat belt is the leading cause of officer mortality, above even shooting deaths.

While new officers to the force often use their seat belts at the same rates as others. However, some may emulate senior officers and avoid using them. Additionally, many older police cars do not have functioning seat belts, or the belts have been tied back or cut out. This is because of a perception on the force that police officers are susceptible to a sudden brutal attack from behind. In such a scenario, which is very rare, a seat belt may be an impediment to an officer who needs to access weapons quickly. In reality, while this situation may occur occasionally, it is far more common for an officer to be injured or die as a result of a failure to wear a seat belt.

Michigan Seat Belt Safety Law & the Police: While many states have exempted police officers from their seatbelt safety laws, Michigan’s law does not appear to exempt police officers specifically. It is unclear if there is no exemption because Michigan police officers regularly use their seat belts, or for one of the above discussed reasons. This means Michigan’s statistics could vary significantly from the national average However, there is still a decent likelihood that if you are pulled over for a seat belt violation the cop who pulled you over was not buckled up either.

http://www.detroitnews.com/apps/pbcs.dll/article?AID=2013312250027

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.

Wednesday, January 8, 2014

Family Law & Passport Cancellation

Child Support / Passport Cancellation :

The Friend of the Court has several major powers to enforce parenting time and payment of child support. These include license suspension, referral for felony non-support, booting your vehicle, property liens, credit reporting, etc. License suspension can include everything from recreational licenses such as hunting and fishing, to professional licenses such as a bar license or driver’s license. One such enforcement mechanism is the suspension of passports. The Friend of the Court can suspend a person’s passport once the payor is $2,500.00 in arrears. Once the passport denial request is in the system, it will not be released until the amount owed is zero.

In some circumstances, where there is a good reason, this cancellation may be lifted temporarily. Examples of circumstances which do not constitute good cause according to a recent publication in the Oakland County Bar Association Laches November Issue, include “a desire to attend a friend or relative’s destination wedding, a real estate training junket in the Caribbean even though the payor has stated for some time that they have not actually earned any income as a real estate agent, a honeymoon that is supposedly being paid for by the bride’s family, or to go on vacation because their significant other has a timeshare in Mexico….” The sole example given of a situation where good cause may actually exist is where international travel is necessary to secure a job which can be shown will be used to pay child support. However, in this scenario significant documentation will be required. The easier solution is to avoid getting to this point in the first place.

If you or someone you know is having an issue with Friend of the Court it is important to retain an experienced attorney to represent you. By opening up a dialogue with FOC, such enforcement measures can be avoided. If you cannot afford your child support or if circumstances have changed we can work to get your support obligation changed going forward.

Child Support Passport Cancellation? 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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