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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: My upstairs neighbor stomps on my ceiling every time I play music during the day Is that harassment?

It's been going on for about a year but has gotten really bad recently. If I play music on a portable speaker, in my apartment, between 12pm-7pm, they stomp heavily on my ceiling. I turn down before sundown. It's not even very loud though. I can converse at a normal level right next to... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2022

A Michigan attorney could advise best, but your question remains open for four weeks. At this point, you could consider reaching out to a landlord-tenant attorney to advise of your options. They should have insight into the issues you raise, along with what remedies may be available to you. Good... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can I sue a foot soak company for advertising false ingredients, and consequently my skin peeled off

Hi; I bought a foot soak off Amazon, and after I used it all the skin on my feet peeled off. It wasn’t enough to cause bleeding, but it was quite alarming. After looking at the product again, I noticed the ingredients listed on the product for sale, were not the ingredients in the product I... Read more »

Brent T. Geers
Brent T. Geers
answered on May 19, 2022

Possibly. You should look into an attorney who does civil litigation around the consumer protection act or products liability.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: Someone broke into my house and stole all my mail and personal documents with my identity information
Brent T. Geers
Brent T. Geers
answered on May 4, 2022

I assume you contacted the police? If so, you'll probably need a copy of the police report to show fraud on any of your financial accounts. Other than that, let the police do what they do.

1 Answer | Asked in Civil Litigation for Michigan on
Q: How can i verify an address for a defendant?

I used a process server. They were unsuccessful. The skip search came back with the address i already had. I motioned for alternate service and was denied.

Brent T. Geers
Brent T. Geers
answered on May 3, 2022

Use a different process server and one that will provide an affidavit as to their efforts.

1 Answer | Asked in Civil Litigation for Michigan on
Q: How can i verify an address of someone i need to serve?

Skip search address came back for the address i already had. I got a postal verification but i haven’t heard anything back it’s been weeks.

Brent T. Geers
Brent T. Geers
answered on May 3, 2022

Are you waiting to serve by certified mail? You may need to hire a process server.

1 Answer | Asked in Consumer Law and Civil Litigation for Michigan on
Q: Should I deny the complaints in the summons and complaint I received for an old debt even if I know the debt was mine?

I was served in regards to an old debt. The debt is mine, but I'm unsure if the amount is correct as I paid part of it in the past. Most of what I've read says to deny the complaints just to make them prove its actually mine and that the amount is correct. Is this a good idea? Solosuit... Read more »

Adam Alexander
Adam Alexander
answered on Apr 27, 2022

You just posted on line that "the debt is mine". Be careful now denying to the court that the debt is yours.

Depending on the amount of money the debt collector is suing you for, you should consider hiring a lawyer.

There are legal defenses available to you that you may...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Was I falsely imprisoned? Potentially illegally detained?

Hello, a few years ago I was on probation. An officer came to my home and arrested me on an alleged probation violation. I was taken to the local county jail, processed booked and placed in a holding cell. An hour or less goes by, they come and tell me I'm being released. Someone made a... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

It doesn't sound like unlawful imprisonment when a probation officer acted under color of law (e.g. alleged probation violation) to arrest you.

1 Answer | Asked in Civil Litigation and Small Claims for Michigan on
Q: Recovery of items resulting from a repossession.

Never had the opportunity to get my items until after the car was already gone from the tow yard. Car was sold by the time I got there. Items in trunk weren't recoverable which is over 3k in golf equipment. Company who did the tow falsified document saying I collected those items from trunk.... Read more »

Adam Alexander
Adam Alexander
answered on Apr 21, 2022

I suggest small claims court. It is inexpensive and quick. But you are going to have to have proof, (perhaps other witnesses), of the items that were in your vehicle. And values. For example the golf equipment, I suggest you provide the original receipts and then printouts of the same equipment... Read more »

2 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Michigan on
Q: I had a joint mortgage with my ex wife. I was bought out for $40,000 (my half of equity) but she wont take my name off?

Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... Read more »

David Soble
PREMIUM
David Soble
answered on Feb 14, 2022

Your next legal steps will be dependent upon the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement.

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1 Answer | Asked in Civil Litigation and Collections for Michigan on
Q: If a lien if placed on my home, am I able to make payments towards or payoff the lien without selling the property?

Nothing has occurred yet, but I have gotten myself into a tough situation and am making sure I'm informed on the potential consequences.

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2022

Yes, generally you can pay off the lien. Whether you can make payments will depend on the creditor.

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
PREMIUM
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 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
PREMIUM
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 Civil Litigation for Michigan on
Q: Hi I have Notice of Case Evaluation/ Acceptance or Rejection of Award letter

$5000 Dog Bite

Brent T. Geers
Brent T. Geers
answered on Nov 5, 2021

What is your question? Should you accept or not? There are consequences (e.g. who pays attorney fees) for rejecting the evaluation amount and having a different amount ordered at trial. Typically, the evaluation offer will be pretty close to what you could expect through trial.

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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1 Answer | Asked in Civil Litigation for Michigan on
Q: What should you do in the case of trying to file a small claims case on someone already sitting in jail?
Brent T. Geers
Brent T. Geers
answered on Oct 18, 2021

You can go ahead and file. Just keep in mind that even if you are right, in a civil matter, a judgment comes down to a piece of paper that says Person A owes Person B x-amount of money. You still need to collect it through legal means.

2 Answers | Asked in Personal Injury, Real Estate Law and Civil Litigation for Michigan on
Q: My bedroom ceiling collapsed on me in my sleep. The property manager was aware that the ceiling was cracked.

I inhaled lots of fiberglass insulation and sustained a foot injury so I went to the ER.

Thomas. R. Morris
Thomas. R. Morris
answered on Oct 12, 2021

Ouch. If you are a tenant, the landlord is likely to be liable. The landlord's insurance carrier may offer a settlement. You could take the settlement, or, if you can find an attorney to take the case, you could sue to see if you get more. If you hire an attorney, that might increase the... Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Michigan on
Q: what does Law code 15USC1662B mean in lamens terms. The Truth in Lending.

I keep hearing about this law i have looked it up but i dont understand the way it is written. as i am told "it is illegal to charge for a down payment on a vehicle from a car lot dealership.

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2021

Truth In Lending covers what must be disclosed by lenders to consumers. It's impossible to summarize what is a voluminous piece of legislation covering many different scenarios. If you have any doubts about what is presented to you by a car dealership, or any other lender, you should consult... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Identity Theft for Michigan on
Q: My x took my title and forged my signature to transfer my car into his name illegally

I need to know what to do in order to get the police to do something about this felonious crime.

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

I'm unsure what else you can do other than file a police report.

1 Answer | Asked in Civil Litigation for Michigan on
Q: My son is keeping all my property and won't give it to me. I was living there but left what can I do

I lived there for 4 months but my son is violent, controlling and he didn't kick me out but it wasn't going to be good if I went back. I've asked for 3 days for my stuff, in person and text but still won't give it to me. In our town the cops don't arrest him and he does... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 24, 2021

File a claim and delivery action in court. And even though it's your son, you still possibly have tenant rights that you could seek the advice of an attorney.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can I be kicked out of a public festival because the (volunteer) person running the beer tent has a vendetta against me?
Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

Yes. Just because it's a public event doesn't mean that there's an open-ended invite. If this person were tasked with running the beer tent, that is his or her domain - volunteer or not. So long as they didn't kick you out because of a protected status (e.g. race or gender), you... Read more »

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