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Michigan Civil Litigation Questions & Answers
2 Answers | Asked in Business Formation, Business Law, Cannabis & Marijuana Law and Civil Litigation for Michigan on
Q: Hello I had somebody give me money to start a business that never got off the ground.

Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2023

Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement.

The other...
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1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: Does a Motion for Summary Judgement/Disposition replace a response to a complaint in a General Civil case? Default?

Is this a default if they did not also file a responsive plea? it has been over 90 days

Brent T. Geers
Brent T. Geers
answered on Dec 29, 2022

It can in some cases, depending on the issue(s) presented. And note that it's the plaintiff's burden to keep the case moving in that 90 day window you reference, otherwise the court may dismiss the case for lack of progress.

It sounds like you, or perhaps both parties, are...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... View More

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can a dealer sell me a vehicle with undisclosed frame damage.

Dealer is in Iowa in in michigan. They claim to not have known of the damage but will only pay $800 if the $1800 repair bill. It they will pay me for the whole truck and pay to ship it back

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

Caveat emptor - let the buyer beware! Likely, you purchased this car "as-is". Unless the dealership warranted this vehicle, or expressly stated there is no frame damage, you are effectively at their mercy.

It's a bit of a math problem for you now: if you keep it and repair...
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1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

James L. Arrasmith
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answered on Apr 17, 2024

In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.

Given the...
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1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Voice prints are like finger prints, and I have and I am recording, if anyone would like to review my recordings in I

I would be more than happy to let someone review my recordings and determine if they believe I have the grounds for a civil lawsuit or any other type of lawsuit.

James L. Arrasmith
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answered on Mar 8, 2024

It's important to understand that voice prints, much like fingerprints, can be unique identifiers and may be used in various legal contexts. If you believe your recordings have captured evidence that could support a civil lawsuit or any other legal action, carefully preserving these recordings... View More

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Michigan on
Q: Should I notify District Court of Circuit Court's dismissal without prejudice & my intent to re-file a late Appeal?

The District Court recently entered a Judgment against me, but I filed for Appeal before the Judgment was signed. The Judgment is now signed.

My appeal to Circuit Court of the District Court's decision recently got dismissed without prejudice for premature filing. They said to refile... View More

Dana B. Carron
Dana B. Carron
answered on Feb 9, 2024

When you refile in the lower court, just indicate somewhere in your filing that the higher court dismissed without prejudice to refile in the lower court, and include a copy of the higher court's order at that time.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Wrongful Death for Michigan on
Q: If a person sets a bait package on their porch and it is stolen, and the thieves are injured/died, can there be charges?

Let's say they use bees to put in the package. The package is stolen, and the those responsible open the package and are stung, one might have a severe allergic reaction, and cause an accident in which there are injuries and deaths, property damage as well as innocent injuries/deaths. Can the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2024

A Michigan attorney could advise best, but your question remains open for three weeks. Under common law doctrines that hold nationwide, someone could be charged, and liability could arise for doing something like that. But to get a definitive position specific to your jurisdiction's penal... View More

1 Answer | Asked in Consumer Law, Banking, Civil Litigation and Identity Theft for Michigan on
Q: Is there a deadline/time limit to file a lawsuit?

Someone hacked my Bank of America account and fraudulently transferred $9,800 from my checking account to Mercedes Benz Financial Services in Illinois. Also, the hacker did a balance transfer using my Bank of America credit card for $5,200 at the same time, IP address, city and state. I contacted... View More

Nico E. Banks
Nico E. Banks
answered on Nov 14, 2023

Yes, there is a time limit to file a lawsuit. The exact time limit will depend on what causes of action you state (e.g., which consumer protection laws you invoke). It would be rare for the time limit to be less than a year, but acting sooner is always better.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Michigan on
Q: Well house building dispute. Can we take quiet title or take adverse possession?

Five cottages which all used to be rentals until 1967 are only buildings hooked to the well house building which has its own address and bills come to me. A neighbor bought a cottage next door to it (which is not hooked up to the well house), yet wants access to it. He says building is on his... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2023

You need a local real estate attorney to review all the facts and provide you advice. That is not something that can be provided in a forum like this.

Seriously — this is FAR more complicated than can be accommodated in a public forum. You need to hire an attorney!

1 Answer | Asked in Business Law and Civil Litigation for Michigan on
Q: Can the family of someone who sued a company file their own suit even after the original plaintiff is deceased?
David Soble
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David Soble
answered on Oct 20, 2023

Generally speaking, 'Yes' provided that an estate for the decedent is opened and the personal representative of the estate decides to pursue or continue the lawsuit.

1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Michigan on
Q: Vehicle considered Totaled after not at fault accident in Michigan. Can I file a Mini Tort or Small Claims?

My vehicle was totaled (Not at fault) due to an accident in Michigan. My vehicle is 100% paid off and I did not have collision coverage as part of my auto insurance. Can I file a Mini Tort or Small Claims for the book value of my vehicle at the time of the accident?

Since I do not have... View More

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2023

Mini tort is for the amount of the deductible you paid.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Identity Theft for Michigan on
Q: Can I get sued or arrested for pretending to be a politician, if the person is not real

Recently I went online pretending to be the vice governor, I made up a name the person I used is not real, it's all a joke and I would never give out potentially dangerous information, I just want to know is this legal, can I get arrested

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

A Michigan attorney could advise best, but your question remains open for four weeks. A criminal attorney should advise on this, to prevent any violation of laws involving impersonation or related crimes. Good luck

1 Answer | Asked in Civil Litigation for Michigan on
Q: I was wondering if I would be able to get relief of judgment. Or what defense I have for legal malpractice

It's hard to explain in detail, but there is a process that is to be used when dealing with individuals who had suffered a Traumatic brain injury to allow the due process of that individual. The judge in the divorce case stated on record that he was aware of the injuries, but failed to apply... View More

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2023

What relief are you seeking? If this was a divorce without kids, then the issue is equitable division of assets and debts. Did you settle and are now unhappy with that settlement? Or was there a trial?

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: What rights does a renter living in a home sold by land contract have once the buyer dies before contract completion?

Renter paid monthly rent of 500$.. lived in home with buyer at time of death

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2023

The buyer’s estate steps into the shoes of the buyer.

The ‘rights’ of the lessee depend on his relationship to the estate.

This is a FAR more complicated and fact dependent situation than can be discussed cogently in a forum like this.

You NEED to consult with a...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for Michigan on
Q: How can I locate attorneys who have sued in civil court against government agencies in a specific city or county?

specifically tort law

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2023

A Michigan attorney could advise best, but your question remains open for three weeks. It might be difficult to find what you describe - attorneys who sue in specific counties. Most law firms don't hold themselves out for the counties or districts they sue in. Instead, they hold themselves out... View More

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How to get help with child birth costs? FOC won't help because bills are 3 years old. How can I get dad to help pay?

Custody order does state dad's responsible for 50% of these. I didn't know I owed the hospital $20,000 until recently and FOC only enforces health care cost reimbursement if bills are less than a year old. Bills are 3 years old. Can I still get help paying these and if so how?

Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

Probably not unless you can work out an understanding with him.

1 Answer | Asked in Civil Litigation for Michigan on
Q: If the finance company helps a cosigner take my car even though I haven't missed any payments leagl

She never even was given a set of keys to the vehicle I never was late nir missed a payment in 13 months and one day woke up to car missing the place denied everything

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2022

How do you know the finance company had anything to do with this?

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can Zelle payments be used as evidence in small claims court
Brent T. Geers
Brent T. Geers
answered on Dec 5, 2022

Yes.

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