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Michigan Demand for Statement of Amount Unpaid - Individual

Oakland Michigan Demand for Statement of Amount Unpaid - Individual

Name: Oakland Michigan Demand for Statement of Amount Unpaid - Individual
Brand: US Legal Forms
Rating: 4.55 (288 reviews)

Category:

Liens - Construction - Mechanics

State:

Michigan

County:

Oakland

Control #:

MI-12-09

Format:

Instant download

Description

This form is used by a lien claimant to demand information from a property owner or lessee. Michigan statutes allow the lien claimant to demand a copy of the contract between the owner and his contractor and a written statement of the amount due and unpaid on that contract.

Oakland, Michigan Demand for Statement of Amount Unpaid — Individual is a legal document used in Oakland County, Michigan, to request a statement of any outstanding or unpaid amount owed by an individual. This demand is typically sent by an individual, creditor, or their attorney to the debtor, demanding them to provide a comprehensive statement regarding the unpaid amount owed. There are two main types of Oakland, Michigan Demand for Statement of Amount Unpaid — Individual: 1. Specific Unpaid Amount Demand: This type of demand is used when the creditor or individual has a specific unpaid amount in mind. It requires the debtor to provide a detailed breakdown of the amount owed, including principal, interest, penalties, and any other relevant charges. This demand serves as evidence of the outstanding debt and can be used in court if necessary. 2. General Unpaid Amount Demand: This type of demand is employed when the creditor or individual believes that there is an unpaid amount but is uncertain about the exact figure. It requires the debtor to provide a comprehensive statement of any outstanding amounts, including invoices, contracts, or any other relevant documentation that supports the existence of unpaid debts. This demand is often used as a preliminary step before pursuing legal action to recover the unpaid amount. Keywords: Oakland Michigan, Demand for Statement of Amount Unpaid — Individual, legal document, Oakland County, Michigan, outstanding, unpaid amount, individual, creditor, attorney, debtor, specific unpaid amount demand, general unpaid amount demand, breakdown, principal, interest, penalties, charges, evidence, court, outstanding debt, invoices, contracts, legal action.

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FAQ

Internal Revenue Code section 6502 provides that the length of the period for collection after assessment of a tax liability is 10 years. The collection statute expiration ends the government's right to pursue collection of a liability.

Real property tax delinquency entails a three-year forfeiture and foreclosure process in Michigan. Parcels are forfeited to the county treasurers when the real property taxes are in the second year of delinquency.

A Notice of State Tax Lien may attach to real and/or personal property wherever located in Michigan. A Notice of State Tax Lien will be filed only after: A tax liability has been assessed.

The 24-hour Interactive Voice Response (IVR) System at 877-543-2660 will direct you to your Friend of the Court for: Investigating, modifying or enforcing a court order for custody, parenting time and support. Registering Michigan orders in other states.

The 6 year period, known as the statute of limitations, may be extended by certain actions such as a court judgment. By law, the Department may use a variety of actions to collect your past-due tax, penalty and interest and may take these actions at any time during the course of collection.

Yes. Property owners who had delinquent taxes under the old law could also lose their property, but they had at least four (4) years to pay. Under the new law, if your taxes are delinquent for two (2) years, your property is foreclosed and you lose title to it.

As a general rule, there is a ten year statute of limitations on IRS collections. This means that the IRS can attempt to collect your unpaid taxes for up to ten years from the date they were assessed. Subject to some important exceptions, once the ten years are up, the IRS has to stop its collection efforts.

In some states, the payment of property taxes by a person claiming adverse possession can be used to establish legal title. However, there is no such statutory requirement in Michigan. Paying taxes is not, of itself, sufficient to constitute adverse possession.

The Michigan Department of Treasury contracts with a private collection agency, GC Services LP, to help us collect the delinquent tax, penalty and interest owed to the State of Michigan.

File the Notice of Hearing and Motion at the Oakland County Clerks Office (ground floor of the courthouse) and pay the appropriate fee. 3. You must serve a copy of this Notice of Hearing and Motion on the other party by mailing it to them at least 9 days before the motion is scheduled to be heard.

More info

Upon receipt of a support payment, the MISDU will enter the payment in the Michigan Child Support Enforcement System (MICSES) and issue a check to the payee. DO NOT fill out PDF form in your browser.Request for court order to correct the name of the judgment debtor. As a public doctoral institution, we impact Michigan and the world through education, research, scholarship and creative activity. The official website of the City of Oakland. Find out about meetings, request City services through OAK 311, or contact the Mayor and City Council. May an adult request a conservator be appointed for himself or herself? Sex abuse crimes have ruined and changed more lives for the worse than any other criminal allegation. Below you will find important tax forms that you may need. We accept partial payments.

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Demand for Statement of Amount Unpaid - Individual

Note: This summary is not intended to be an all-inclusive discussion of Michigan's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every state permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their state should always consult their state statutes directly.

Who can file a lien in this state?

Michigan law permits any contractor, subcontractor, supplier, or laborer, who provides an improvement to real property to claim a lien. The value of the lien may not exceed the amount of the claimant's contract less payments made on the contract. M.S.A. Â§ 570.1107.

How long does a party have to file a lien?

A contractor, subcontractor, laborer, or supplier, must file a Claim of Lien form in the register of deeds office within ninety (90) days after the lien claimant's last furnishing of labor or material. M.S.A. Â§ 570.1111.

By what method is a lien filed in this state?

Michigan statutes provide a form with which a lien claimant may record a Claim of Lien in M.S.A. Â§ 570.1111. The required form sets out names or interested parties as well as the labor or material provided and the amount due and owed. Proof of service of a Notice of Furnishing is required to be attached to a lien claim filed by a subcontractor, supplier, or laborer. M.S.A. Â§ 570.1111

How long is a lien good for?

Proceedings for the enforcement of a construction lien may not be brought later than one (1) year after the date the claim of lien was recorded. M.S.A. Â§ 570.1117

Are liens assignable?

Yes. A lien may be assigned to another party who shall have the same power to enforce the lien and shall be subject to the same obligations. M.S.A. Â§ 570.1125.

Does this state require or provide for a notice from subcontractors and laborers to property owners?

Yes. Michigan law requires a subcontractor or supplier who provides improvements to real property to issue a Notice of Furnishing to the designee and the general contractor, if any, named in the Notice of Commencement. Service must be made by personal delivery or certified mail within twenty (20) days after furnishing the first labor or material. While failure to file a Notice of Furnishing timely does not defeat a lien claimant's right to a lien, it may affect a lien claimant's right to pursue payment for work done prior to the filing of the notice. The form used must be substantially similar to the one set out in M.S.A. Â§ 570.1109.

Also, a lien claimant must provide to the property owner who requests in writing, a statement of the amount of labor and material furnished to the date of the statement, any amount remaining due, and the contractual work remaining to be done. (Please see MI-13-09, MI-15-09). M.S.A. Â§ 570.1113(2).

Does this state require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Michigan law requires a property owner to provide a copy of the contract between the contractor and the owner, as well as a statement of the amount due and unpaid on that contract to any lien claimant who makes a written request for same. (Please see MI-12-09, MI-14-09). M.S.A. Â§ 570.1113(1).

Does this state require a notice prior to starting work, or after work has been completed?

Yes. Michigan law requires the property owner to record a Notice of Commencement in the office of the register of deeds prior to the commencement of any actual physical improvements to real property. The Notice must be posted in a conspicuous place on the property. Any party with an interest in the property may request that the owner, contractor, or subcontractor, provide them with a copy of the Notice. Failure to do so will result in the party failing to honor the request being held liable for any damages that result from the failure. Failing to record the Notice as required will extend the time under which individual lien claimants can file their Notice of Furnishing. Please note that these requirements do not apply to improvements to a residential structure. M.S.A. Â§ 570.1108.

An owner of a residential structure being improved need only supply a Notice of Commencement if a contractor, subcontractor, supplier, or laborer has made a written request. Michigan law sets out the form that must be used in M.S.A. Â§ 570.1108a.

Every Notice of Commencement should have a blank Notice of Furnishing attached. M.S.A. Â§ 570.1108a.

At the completion of work, when payment is due, the contractor is required to provide the owner with a Sworn statement which details the parties who worked on the project and how much they are still owed. Michigan statutes require the sworn statement to be substantially in the same form as provided in M.S.A. Â§ 570.1110. The property owner, after receiving the sworn statement, may withhold on his own initiative, or at the request of the contractor, an amount sufficient to pay all sums which are due to subcontractors, suppliers, or laborers. A contractor is not entitled to any payment or to file a suit to enforce his lien until the statement is filed. M.S.A. Â§ 570.1110(6)-(8).

Does this state permit a person with an interest in property to deny responsibility for improvements?

No. Michigan does not appear to have a Notice of Non Responsibility provision as in some other states.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Michigan statutes contain several versions of a waiver form. These forms are used by a contractor and delivered to the property owner as payments on the construction project are received, and in that way act as a receipt of payment. There are four waiver forms provided: Partial Unconditional, Partial Conditional, Full Unconditional, Full Conditional. All forms permit a contractor to attest in writing that either part or all of a contractor's lien claim is being waived. Further, the contractor can use the partial forms to only release part of his claim in response to a partial payment and may use the conditional forms to only waive part or all of a claim conditional upon a payment being made. M.S.A. Â§ 570.1115.

By what method does the law of this state permit the release of a lien?

Michigan statutes state that when any claim of lien has been fully paid, the lien claimant shall deliver to the owner or his representative a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharged. M.S.A. Â§ 570.1127(1).

Also, if the time within which to enforce a lien has elapsed, any party with an interest in the property may make an affidavit to the county clerk attesting to the fact that time has elapsed. If the affidavit is on order, the clerk should issue a certificate to that effect that may be recorded rendering the lien ineffective. M.S.A. Â§ 570.1128.

Does this state permit the use of a bond to release a lien?

Yes. Michigan statutes permit a lien to be vacated and discharged if a bond in the amount of twice the lien amount is filed with the county clerk and a copy provided to the lien claimant. The bond may be either in cash or surety form. M.S.A. Â§ 570.1116.