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Michigan Questions & Answers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I'm being sued for eviction for not signing a lease that was not provided for me by management on purpose

I received a lease in April with someone else name on it I talked to the manager once instead of helping me she tried to argue I was this person on the lease I told her they took my i.d last year and gave me a lease in my name and she ended the conversation and told me she would call me back but... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 28, 2021

This may be more simple than the actual facts determine but it seems that if the eviction notice is in someone else's name, and you are not that person, that's where I would start.

How do you pay the rent? Do you have proof of payment?

1 Answer | Asked in Uncategorized for Michigan on
Q: my mom recently passed away without a will. My sister’s name is on our mom’s house & car title & on bank accounts.

Do I have any recourse to get half our mom’s estate. My sister & I are the only living siblings.

Brent T. Geers
Brent T. Geers answered on Oct 27, 2021

Unlikely. That is the nature of joint accounts.

2 Answers | Asked in Traffic Tickets for Michigan on
Q: Can an officer pull me over in my own subdivision(private property) for speeding? Should I fight it?

He dropped it down to impeding traffic but the ticket cost is high. There are no speed limit signs posted on the side of the road I was driving, only on the opposite side in which I can’t see going the opposite direction. The speed limit is 15 mph and I was going 22 mph according to him.

Brent T. Geers
Brent T. Geers answered on Oct 27, 2021

Subdivisions are not private property; the roads of which are open to the public (generally).

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1 Answer | Asked in Arbitration / Mediation Law for Michigan on
Q: Im in arbitration i was fired from a union position without my Union. Stuart and they were never given a case file.

Will i win my case because i wasnt given fair due process

Brent T. Geers
Brent T. Geers answered on Oct 27, 2021

Hard to say. But if there are substantive issues to substantiate your dismissal, I doubt that fact alone will overturn everything. And it depends on what you define as winning the case.

1 Answer | Asked in Uncategorized for Michigan on
Q: Do I have to accept a return for a car that was damaged while being paid off?

I accepted a down payment with the agreement

that the car had to be fully paid for the title to exchange hands. Now the buyer is saying the car doesnt work and he wants money back. The car was working when i dropped it off and i still have the title, but i never agreed on any type of return... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 26, 2021

This will be an easy matter with a written agreement determining who does what. Assuming your agreement is "Seller agrees to sell car after Buyer pays X-amount of money", it sounds like, legally, your buyers just bought a broke-down car. BUT, how do you get the rest of your money? How do... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord evict me due to her negligence? My whole family suffered from CO2. Now she is trying to evict us

My landlords house is not even a listed legal rental in Manistee County, MI. She charged us late fees during the covid-19 pandemic. My family and I suffered from. CO2 OF 14.8 on January 3rd, 2021. We had to call city police, fire department and get a heating and cooling professional in here.... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 26, 2021

If your lease is up, it sounds like the landlord may have a right to evict you under a 30-day notice to quit. It doesn't sound like she's evicting you due to lack of rent, which arguably could be challenged as retaliatory.

1 Answer | Asked in Estate Planning for Michigan on
Q: My grandmother recently died and she has trust in which her house is a part of. My aunt is the beneficiary. Can I see it

My mother (daughter of grandmother) is no longer living as well. Do I receive any portion that my mother would have gotten from the Trust

Kenneth V Zichi
Kenneth V Zichi answered on Oct 25, 2021

Without seeing the trust it is impossible to answer your question.

You should ask your aunt to get a copy of the trust and then take it to an attorney to review and you will be able to get those answers.

— this answer is offered for information only and does not constitute legal...
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1 Answer | Asked in Federal Crimes for Michigan on
Q: I am unable to come up with A large retainer fee for a lawyer. What lawyers except lower retainers and do payments
Brent T. Geers
Brent T. Geers answered on Oct 25, 2021

All I can recommend is for you to keep contacting different attorneys. Every attorney charges differently. But at the end of the day, this is a business. Litigation is expensive, and without a substantial retainer up front, that is all money coming out of the lawyer's pocket.

Think of...
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1 Answer | Asked in Consumer Law for Michigan on
Q: How can I file a small claims suit in MI against Staylisted SEO of Phoenix Arizona?

Staylisted did not do anything to justify their charges. Thay are not willing to give me a copy of the verbal over the phone agreement or a list of their promised services. They charged me over $1,200 for nothing. They have numerous complaints and negative reviews. My business is financially... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 25, 2021

You need to look over your agreement carefully. You might find a clause that says you must either first submit to arbitration and jurisdiction for any suit is in Arizona. That would likely make it cost prohibitive for you to sue for such a relatively small dollar amount unfortunately. You may want... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Is there a time frame for a writ of habeas corpus?

I´m trying to help a friend,so I appreciate any answers as it is not easy to navigate through the legal system.

Brent T. Geers
Brent T. Geers answered on Oct 25, 2021

Yes there is; and you need to exhaust state court remedies first.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I need to sell my home but other person on deed refuses to

The home is being rented out by someone that can’t find another place to live but I need to sell the home due to financial hardship. We are on the mortgage together. What are my options since the other party refuses to corporate?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 24, 2021

That depends on how the other person and you own the property jointly — as joint tenants with rights of survivorship or as tenants in common …

You need to take your deed (the mortgage is not relevant in selling the property as it will just need to be paid off at the closing in any case)...
Read more »

2 Answers | Asked in Employment Law, Gov & Administrative Law and Public Benefits for Michigan on
Q: Got a notice from the State of Michigan Unemployment Department- please help!

I got a letter from the Michigan Unemployment Office saying a “question of eligibility and/or qualification has been raised on a claim in which you are an interested party”. The dates they want proof of income on range from 3/2020 all the way to 5/2021.

If I got unemployment benefits... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 23, 2021

You really need to speak to a lawyer soon, and preferably before you respond to the request for information. Whether criminal charges arise may depend on intent.

Just remember: there's an old tale that says it's not the act itself that gets us in trouble; it's often the...
Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Can I Sue the seller of a home I just purchased for not disclosing foundation/settlement issues?

In the seller disclosure it says the property has had no signs of settlement, foundation or water issues. But there are clear signs of uneven floors. The inspector noted doors not closing because of it being painted too much. Realtor and contractor and inspector said the foundation looked solid... Read more »

Michael Zamzow
Michael Zamzow answered on Oct 25, 2021

Adding to Mr. Geers: about the only way you'll know with reasonable certainty the strengths or weaknesses of your case will be to contact an attorney directly.

An attorney will want to know how the foundation could both be solid, but also require a $1,300 support system. It at least...
Read more »

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2 Answers | Asked in Civil Litigation and Constitutional Law for Michigan on
Q: Im looking to become a police officer. I passed both exams, when it was time for me to apply for a position I got denied

I do have a past domestic charge that I Pled guilty too but if I was to get that expunged, would that help me get into the public service field?

Brent T. Geers
Brent T. Geers answered on Oct 21, 2021

Not necessarily. Police departments do a more comprehensive background check than most employers. A domestic violence charge - regardless of underlying facts - is going to be highly scrutinized by any law enforcement agency. Not saying you can't become a police officer, but you need to be... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I am currently an owner as tenant in common with several of my siblings of a vacant piece of low value property in MI

that we would like to sell to an adjacent property owner. The buyer suggested quit claim deed for transfer. However, two of my sibling owners listed on the deed have passed away intestate. Both were in California. One had a husband that inherited everything, and the other was unmarried with very... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Oct 21, 2021

Unfortunately, two of the owners of the property are the estates of the two deceased siblings. The representatives of those estates need to sign the deed, and I believe that probate proceedings in California are required in order have an estate representative appointed, and gain approval of the... Read more »

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1 Answer | Asked in Employment Law for Michigan on
Q: Can a former employer ask for money back? After they discovered they over paid me when I worked there.
Brent T. Geers
Brent T. Geers answered on Oct 21, 2021

Yes. And in fact you may have an obligation to pay it back if it was unearned.

1 Answer | Asked in Uncategorized for Michigan on
Q: If my employer fails to stop a wage garnishment when the stop order is sent by the collector, am I entitled to damages?

The collections agency sent a stop order to my employer on September 1. The garnishment never stopped. My employer claims to have never received the stop letter.

Brent T. Geers
Brent T. Geers answered on Oct 20, 2021

You may be entitled to damages - the return of the extra money sent to the collector - but likely not from your employer. Once a valid garnishment order is received, your employer has a legal duty to keep garnishing until they received legal authority to stop. I don't see how they can be... Read more »

2 Answers | Asked in Libel & Slander for Michigan on
Q: Advise both persons on whether any tortious claims will be successful

Adam sees ahead of him in the street an individual who, from the rear, looks remarkably like his former girlfriend, Barbara. He sneaks up behind the person, taps the person on the shoulder, and tenderly kisses the person on the cheek. It is not in fact Barbara, but Carla. Carla screams and throws a... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 20, 2021

If this is a law school question, Adam commits a battery when he proceeded to kiss Carla on the cheek after tapping her shoulder with time to ascertain her true identity.

If this is a practical practice question, your question leaves out the most important consideration: what are the...
Read more »

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Hello , I’m being evicted from my home and I want to know how long I legally have to move .. I have lived here 2 years
Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

Judge will tell you. Typically you must move within 10 days after the judge determines. The amount of time you have lived there is not a factor.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have a question about having a Michigan "Assault w/intent to do GBH less than murder"" charge expunged.

My son is being offered a plea deal and his court appointed attorney said that in about 5 years, he could get the felony expunged. He has been in jail for 13 months and his trial keeps getting moved out. Can this type of felony be expunged? I am just seeking a second opinion before my son accepts... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

Yes it can. But because it's an assaultive crime, the victim would be contacted for the expungment and have an opportunity to weight in. And like any expungment, just because a person is eligible doesn't mean the judge has to grant it.

I would not take a plea - felony or...
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