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Questions Answered by Michael Zamzow
2 Answers | Asked in Child Custody and Family Law for Michigan on
Q: Where do I obtain a subpoena form for midland Michigan circuit court regarding a custody case?
Michael Zamzow
Michael Zamzow answered on Feb 23, 2022

Adding to Mr. Geers, sanctions yes. And if you send a subpoena without authority, no one is required to answer it, so you could face a lapse in the discovery window.

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2 Answers | Asked in Collections for Michigan on
Q: I had someone call me for collection of under $200.00 from Sprint from 2003 is this legal?
Michael Zamzow
Michael Zamzow answered on Feb 23, 2022

The debt could be old, so be careful so you don't revive it.

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1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Restraining order

Hi my mom got a restraining order against my ex boyfriend the restraining order is in my moms name and her address I’m just one of the names on it and I was a minor when I was on it now I’m an adult and I don’t live with my mom if so person was to contact me would they still get in trouble or... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

I think the only way to know for certain is to have the restraining order reviewed. Remember you always have the ability to contact the police if he is contacting you and has a history with you bad enough that required a PPO. Reminding the police there is a PPO in place might also help them tailor... Read more »

1 Answer | Asked in Small Claims for Michigan on
Q: Client wants to speak over the phone regarding an issue?

They sent me a demand letter for a full refund regarding services I provided them via email. All correspondence before and after the demand letter to reach a reasonable agreement has been through email. Client now wants to speak on the phone. I am hesitant since the last time I spoke to a client on... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

Keeping things in writing is oftentimes a good practice, and taking notes of your calls (diligently and consistently) might also be helpful. From a practical approach you might need to put together a more thorough contract that addresses these issues, this is a common theme for weddings. And if... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Michigan on
Q: Are OPO's legally able to remove organs from a registered organ donor who's body is under investigation into COD

Body of deceased was under county jurisdiction. Autopsy was to be performed to determine cause of death, but kidneys and liver were taken prior to autopsy. No samples of either organ were provided to Chief Medical Examiner. COD still undetermined. Autopsy was performed missing two vital organs. Is... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

It might depend on the circumstances involving the death that required a particularly level of autopsy, and whether or not the CME authorized release.

1 Answer | Asked in Employment Law for Michigan on
Q: Can an employer force a sit down meeting with a colleague that harassed you?

I reported harassment by a colleague last fall. Colleague received a scolding. We continue working in same building with little to no contact. Now my supervisor is requiring a sit down meeting with said colleague.

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

I would think about this pragmatically. If you refuse, will you lose your job? Maybe. Would that be lawful? Maybe not. It might depend on the type of harassment and degree. It might depend on your employer's role in the matter.

You'll need to call a few attorneys and discuss the...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: If I havent lived at a Residence for 2 years but my name is still on the mortgage, is it still my house?

Had a joint mortgage with my exwife, she bought me out but never refinanced so my name is still on the mortgage. Is it still just as much my house as it is her house after 2 years? Can I legally go into the house because its still my house? Or because I havent lived there in 2 years its no longer... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

The mortgage (in colloquy) merely says who pays, and doesn't provide any ownership interest.

Whether or not you can legally go into the house is the wrong question (no, you probably cannot). The correct question is, "should I go into the house?" and the answer is "You...
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1 Answer | Asked in Uncategorized for Michigan on
Q: Wanting to know if I have a valid case to pursue for reimbursement against my former dentist for failure to diagnosis?

Failed to diagnosis a simple cavity which resulted in delayed treatment and an expensive root canal and crown. He failed to detect the cavity on initial bit wing x rays as well as two different 6 month comprehensive oral dental exams performed by him. A review of this case by 2 different... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

Possible, but most importantly, you're describing a situation that you should probably hire an attorney to assist you with. There might be certain rules regarding formal notice as well as statute of limitations to be cognizant of.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Is a text message legally binding if an amount was agreed to but the other party now wants more.

Our Son and Uncle own a home we are selling. Our Son moved away last year and we have done all the improviden improvements and upkeep. We agreed on$5000 but later told him $6000 in a text. He has since said he wants half which isn't reasonable. Can he be held to what we agreed on. He... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

It is a little difficult to follow exactly what is going on. But, to answer the top question: I would suspect that in the very least it could be introduced as evidence of an agreement. And that might be just as good.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Sellers agent gave my personal cell phone to the buyer months after the transaction. New owner will not stop harassing.

Are there laws preventing the agent from doing this?

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

There is likely an option to block that caller from your phone.

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2 Answers | Asked in Gov & Administrative Law, Consumer Law, Business Law and Constitutional Law for Michigan on
Q: How can the government claim ownership of confederate gold when it was abandoned or intentionaly hidden by confederacy

If the president of the Confederate Treasure left the gold intentionally would that not legally invoke the finders keepers laws? Who initially owned the confederate gold?

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

Setting aside statutes from 150 years ago (that are still enforceable today) for a moment. You could also think about it in practical terms, there is no "finders keepers" law. The concept, rather, if the true owner of the property either "lost or mislaid" the property, legal... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a spouse refinance a home without the others signing if they are on the mortgage
Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

Adding to the other two layers above, it really depends on the bank. If another person owns a property, and only one tries to refinance and mortgage, it's not really conceivable that a bank would allow the mortgage without the other owners signature. But, they could, the bank would just be... Read more »

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2 Answers | Asked in Family Law, Civil Litigation and Small Claims for Michigan on
Q: I lent a man I was seeing last year money totaling around $3200 and do not know how to go about getting my money back.

It was 3 increments of money I don’t have specific proof of. Vague texts and the proof of withdrawal from my account but nothing showing it went to him

Michael Zamzow
Michael Zamzow answered on Feb 2, 2022

You might consider talking to a lawyer about this directly, but do a little research first through a legal aid website, on how to file a small claims lawsuit. That might help you direct your questions if you find a lawyer willing to answer a few questions. You could certainly hire a lawyer to help... Read more »

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1 Answer | Asked in Immigration Law for Michigan on
Q: Can I lend Cryptocurrency and earn interest from that (J-1 visa)?

I am currently on J-1 visa, I wanted to ask if there is any limitation if I can use cryptocurrency lending websites to earn passive income? It would be treated as interest income.

Michael Zamzow
Michael Zamzow answered on Feb 1, 2022

You should ask an immigration attorney by calling them directly. You're asking a question, about earning income on a J-1, and something isn't quite adding up. An immigration attorney can straighten the question out for you.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Barnacle Windshield boot placed on vehicle with no explanation given.

Son living off campus apartments while attending GVSU. Windshield boot placed on vehicle two days ago, for no known reason. Called to dispute and was told to send an email. No response after 24 hours. Violation listed as "N/A". When calling the help number on the Barnacle, was told... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 1, 2022

Sounds like you've hit a wall in negotiations alone, you might need to hire an attorney.

1 Answer | Asked in Animal / Dog Law for Michigan on
Q: I am being sued by my next-door neighbor because of dog bite

I called the police as soon as it happened. Animal control came over we made a statement. It’s all in writing.He swatted at my dog from his side of the fence and then my dog bit him

Michael Zamzow
Michael Zamzow answered on Feb 1, 2022

Sounds to me like you'll want to notify your homeowners insurance and hire an attorney ASAP. Your homeowner's policy and, generally, a lawsuit has very strict timing requirements of response following service of process (receiving notice of the lawsuit).

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Roommate no contract or lease left Jan 25th aggressively how long does she have to get her stuff and can I change locks

She refused to give keys threatening police if we change locks and doesn't care about giving notice when she will come to get the rest of her stuff. She left at her own free will there was no problems I even called her mom she just went crazy!!!!! I'm in lincolnpark michigan I just want... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 1, 2022

Unfortunately, the solution to your problem will likely require you to go through the eviction process to have her things removed. It isn't convenient but, by following the process (notice to quit, summons, properly served, hearing, judgment) you're taking reasonable steps to avoid your... Read more »

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2 Answers | Asked in Employment Law, Tax Law, Business Formation and Civil Rights for Michigan on
Q: Is this a court-worthy case?

I was asked by a former employer to create a website store for his small business. I worked on it, hours everyday for months and spent 500$ to perfect it, which I was told would be covered. After finishing the website I was suddenly let go from the business. I've been an employee of the... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 1, 2022

It is probably not a "court-worthy" case, or-that-is, it might require a lawsuit, but viewing the facts most favorably to you, I doubt there will be much of a fight over it.

As Mr. Geers has said above, without more information, this could be a wage and commissions matter, or just...
Read more »

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2 Answers | Asked in Criminal Law for Michigan on
Q: I have a PPO on a guy that now his wife is making rude comments on my business Facebook page is this allowed
Michael Zamzow
Michael Zamzow answered on Feb 1, 2022

As Mr. Geers says, oftentimes the method of contact, through another person, is still contact.

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2 Answers | Asked in Health Care Law for Michigan on
Q: Can a michigan hospital force a patient to go on a ventilator?
Michael Zamzow
Michael Zamzow answered on Feb 1, 2022

There's really not enough information, so maybe. But the Patient Self-Determination Act (PSDA) might be what you're asking about.

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