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Frequently Asked Questions

 
 
Question 1: What is the standard in determining whether a person is entitled to SSI or Social Security Disability?

Answer: Disability is defined as an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months.

 
Question 2: I am receiving SSI and Asset Acceptance filed a garnishment against my bank account. What can I do?

Answer: Under federal law, SSI money is protected from garnishment. You should first call the attorney for Asset Acceptance and if he or she will not release the money, you can file an Objection to the Garnishment with the Court that entered the Judgment. You should state in your Objection that the money is exempt by federal law, but you should file this within 15 days.

 
Question 3: What if my spouse contests my action for divorce?

Answer: Michigan is a no fault divorce state. This means that if you testify that there has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no likelihood that the marriage can be preserved, the court will grant your divorce—whether or not your spouse wants one.

 
Question 4: The apartment that I rent has many problems. What can I do?
Answer: You have a right to a decent place to live and the landlord has a right to receive rent. You should first notify the landlord in writing of the problems and keep a copy of this letter and all other correspondence. Then you can call the city department that handles housing inspections in the city where you live. That way you have an objective proof of the condition of the premises. Then you can write to the landlord again and tell him or her that you will either withhold rent until repairs are made, or repair the problem yourself and deduct the cost from the rent. It is important to document what you are doing because the landlord may decide to evict you. Then you will have to prove in court why you didn’t pay rent.
 
DISCLAIMER:

This is not legal advice, rather just information concerning various legal matters.  Individuals should consult an attorney for legal advice.

 
 


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