diggity dank Posted September 28, 2012 Report Share Posted September 28, 2012 (edited) My wife, before I met her, endured a foreclosure up north. She had been with her former for years and years and he managed to convince her to put everything in her name. Well, he bailed and she ended up with a property she could not pay for. This was several years ago and they have taken her state taxes every year since to the tune of some thirty thousand dollars (the amount that was originally owed was about that) and they got the property seized. Now, they want another thirty thousand and have served my wife papers saying, essentially, be ready to present your case in a week. They said there will be no postponing and that our case has to be ready within a week and we have to drive two hundred miles to do it. In such financial hearings, how her bills are getting paid are going to come up and her husband, yours truly, grows medically. In a north Michigan court like the county she used to live in, this could fall on hostile ears and a bank like the one trying to wring us out is likely to see my bust as an opportunity for a piece of the seizures. We all know that there are still people in this state that don't care about the law and want all smokers in jail, or hell. As such, it might not take much to get such actions initiated against me, though I comply with the law. As well, if I get everything seized then I can no longer afford a lawyer and cannot pay a bill. In other words, win or no win in court, we go under in such circumstances. My wife is nearing sixty and is a stroke victim and I, honestly, spent most of my adult life homeless and have finally found something I can use to carve a niche out in this world. We do not have careers. We would not be able to recover. We are supposed to be talking to the courts early next week. Please help - we need an attorney familiar with these aspects of the law. Edited September 28, 2012 by diggity dank Link to comment Share on other sites More sharing options...
Restorium2 Posted September 28, 2012 Report Share Posted September 28, 2012 Just remember that your caregiver income can only legally be from up to 5 patients. The judge will think about how much 5 sick patients can pay you. Don't go overboard with what you say you make off of medical cannabis. You better have it all worked out on paper when you go in front of the judge. Or else don't even mentiion it. Link to comment Share on other sites More sharing options...
phaquetoo Posted September 28, 2012 Report Share Posted September 28, 2012 I wouldnt bring up being a c.g, you dont have to pay taxes on it, so why would you openly tell the judge, if it comes up, which I cant think of any reason for it to come up, unless you have already spoke to the bank about it, or if you have enemys out there, you dont pay taxes on compassion, if your a dispense, you should be paying taxes becuase you make $ money doing it that way, but as a c.g you get compensated for your meds, it is to keep you growing not to give 30% to big brother! Peace Jim Link to comment Share on other sites More sharing options...
AmishRnot4ganja Posted September 28, 2012 Report Share Posted September 28, 2012 Just tell them you do work "on the side" and get paid in cash. It probably isn't any of their business whether or not you have tax records - that is between you and the IRS. If you make under a certain amount per year you don't have any tax obligation anyway. Just tell the judge that you are "one of the 47%". It is not a good idea to reveal your grow. It won't help, but it sure could hinder. Link to comment Share on other sites More sharing options...
diggity dank Posted September 28, 2012 Author Report Share Posted September 28, 2012 I need to keep her out of jail and I have literally NO room for any more payments, court ordered or not. That said, I don't see how she could have a court go soft on her at the same time as she is telling the court that she is not going to tell them how her bills are getting paid. See the dilemna? Link to comment Share on other sites More sharing options...
diggity dank Posted September 28, 2012 Author Report Share Posted September 28, 2012 Perhaps I have been misinformed about some things for some time. I thought I took great care not to be. As I understood it, I am allowed to grow twelve plants per person and liquidate any overage fast enough to make sure I never have over two and a half per patient. For me, that would be enough, since I have access to a high volume farmers market in Genesee County, to pay some considerable bills. In other words, in financial hearings, the size of the bills are going to be looked at and it will be known that I make what I make. As I understood it, as long as I liquidated it fast enough so that I never exceeded the legal limit and as long as I don't have more plants than allowed, I was protected legally. Anyone? Link to comment Share on other sites More sharing options...
Restorium2 Posted September 28, 2012 Report Share Posted September 28, 2012 I believe that the majority of Michigan judges would believe/rule that the law says that you can ONLY collect monies from your patients connected to you through the registration process. Link to comment Share on other sites More sharing options...
LongHairBri Posted September 28, 2012 Report Share Posted September 28, 2012 jail ain't gonna happen. we don't have debtors prisons anymore the only thing their possibly going to do is a judgrment and wage garnishment, which you all ready are under.... they can't do any more than they have, there on a fishing expidetion, looking for hidden funds or untapped resources you may have. relax Link to comment Share on other sites More sharing options...
diggity dank Posted September 28, 2012 Author Report Share Posted September 28, 2012 They are not garnishing wages. My wife is the one holding the debt. She is no longer working due to a variety of physical ailments. This is why they have initiated court processes; they are not getting their garnishment anymore. Before serving my wife the papers, they were on the phone trying to contact me day and night, for weeks. Doesn't monies only coming from patients render the existent farmers' markets inoperable? Yet they reopened in the face of certain rulings. Are they or are they not legal? Link to comment Share on other sites More sharing options...
AmishRnot4ganja Posted September 28, 2012 Report Share Posted September 28, 2012 They are not garnishing wages. My wife is the one holding the debt. She is no longer working due to a variety of physical ailments. This is why they have initiated court processes; they are not getting their garnishment anymore. Before serving my wife the papers, they were on the phone trying to contact me day and night, for weeks. Doesn't monies only coming from patients render the existent farmers' markets inoperable? Yet they reopened in the face of certain rulings. Are they or are they not legal? At the present time it is not legal to sell marijuana to a registered patient. You are not allowed to sell your excess marijuana period, but, as I said before, it is none of their business how you make ends meet. It may become their business if you reveal that you are growing marijuana. They become real nosy if they find out you have "a marijuana production facility" in your home. It is supposed to be legal, but they become pretty obnoxious if they discover that you are not complying with the law as they interpret it. Play it safe. Play it smart. Don't tell law enforcement anything about anything. The trouble you are having is a civil matter. You have broken no laws. I never answer the phone or respond to mail from bill collectors. I am not sure if I would even appear in court for an unpaid bill case. Have you considered declaring bankruptcy? They can't take your house or your car (last I knew anyway). Link to comment Share on other sites More sharing options...
t-pain Posted September 28, 2012 Report Share Posted September 28, 2012 (edited) did your wife declare bankruptcy yet? thats probably what they want. they have to litigate as far as they can so they can then write it off their records as being unable to pay off... dont sweat it man. and always remember rule #1 : never tell ANYONE you grow. your wife will have to go in front of a judge, she will tell them she had a stroke and has trouble with remembering things. she is out of money and she will ask the judge how to declare bankruptcy. it'll work out. they dont throw people in jail for house forclosures. just make sure to pay your IRS taxes, because they throw people in jail for that all the darn time. wesley snipes, we miss you! Edited September 28, 2012 by teethpain Link to comment Share on other sites More sharing options...
Zerocool Posted September 29, 2012 Report Share Posted September 29, 2012 (edited) My wife, before I met her, endured a foreclosure up north. She had been with her former for years and years and he managed to convince her to put everything in her name. Well, he bailed and she ended up with a property she could not pay for. This was several years ago and they have taken her state taxes every year since to the tune of some thirty thousand dollars (the amount that was originally owed was about that) and they got the property seized. Now, they want another thirty thousand and have served my wife papers saying, essentially, be ready to present your case in a week. They said there will be no postponing and that our case has to be ready within a week and we have to drive two hundred miles to do it. In such financial hearings, how her bills are getting paid are going to come up and her husband, yours truly, grows medically. In a north Michigan court like the county she used to live in, this could fall on hostile ears and a bank like the one trying to wring us out is likely to see my bust as an opportunity for a piece of the seizures. We all know that there are still people in this state that don't care about the law and want all smokers in jail, or hell. As such, it might not take much to get such actions initiated against me, though I comply with the law. As well, if I get everything seized then I can no longer afford a lawyer and cannot pay a bill. In other words, win or no win in court, we go under in such circumstances. My wife is nearing sixty and is a stroke victim and I, honestly, spent most of my adult life homeless and have finally found something I can use to carve a niche out in this world. We do not have careers. We would not be able to recover. We are supposed to be talking to the courts early next week. Please help - we need an attorney familiar with these aspects of the law. she ended up with a property she could not pay for. This was several years ago and they have taken her state taxes every year since to the tune of some thirty thousand dollars . ........... i dont get it a bank will forclose on you if you can not make payments this dont sound right about them taken tax. i lost property to a bank along time ago all i did was say i am fileing bankrup and all i had to do is sing off and did not owe a thing and i still got loans from that bank.,,,, so some thing is funny here,,,,,,,, Edited September 29, 2012 by Zerocool Link to comment Share on other sites More sharing options...
diggity dank Posted September 29, 2012 Author Report Share Posted September 29, 2012 she ended up with a property she could not pay for. This was several years ago and they have taken her state taxes every year since to the tune of some thirty thousand dollars . ........... i dont get it a bank will forclose on you if you can not make payments this dont sound right about them taken tax. i lost property to a bank along time ago all i did was say i am fileing bankrup and all i had to do is sing off and did not owe a thing and i still got loans from that bank.,,,, so some thing is funny here,,,,,,,, I know it sounds predatory. They took the property and sold it and have managed to have the state send them her returns every year. In addition, they began garnishing her wages last year and when she could no longer work, they started putting holds on her bank account. Finally, they were able, somehow, to seize what she had left here which was not much. NOW, they call me and are pressing on her. Scumbags. Link to comment Share on other sites More sharing options...
michaelscott Posted September 29, 2012 Report Share Posted September 29, 2012 My apologies, Link to comment Share on other sites More sharing options...
diggity dank Posted October 2, 2012 Author Report Share Posted October 2, 2012 Well, a chapter 13 pre-empted the hearing up north and it seems we are all clear. Thanks to everyone! Link to comment Share on other sites More sharing options...
The Digital Nomad Posted October 2, 2012 Report Share Posted October 2, 2012 Wow! glad to hear DD! Link to comment Share on other sites More sharing options...
blackjack21 Posted October 4, 2012 Report Share Posted October 4, 2012 I didn't read all the details but I think I have a solution should anything like this ever come up. This is your wifes debt from before you were married. Therefore whatever you make should not come into play on this seeing as your name is not on loans / whatever in the first place. She's not working.... Let them look all they want your money and how you make your money is none of their business. Granted I'm not a lawyer and it's very possible I could be wrong on some of this (ie. joint accounts just because her name is on it may be enough) Oh and congrats... Link to comment Share on other sites More sharing options...
The Digital Nomad Posted October 4, 2012 Report Share Posted October 4, 2012 thread closed, poster said : "a chapter 13 pre-empted the hearing up north and it seems we are all clear. Thanks to everyone!" good job everyone Link to comment Share on other sites More sharing options...
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