Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brent T. Geers
1 Answer | Asked in Animal / Dog Law for Michigan on
Q: Gave someone a puppy and was suppose to return if didn't want her and they gave her away and now they won't return her

What to do if they won't give my dog back

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Not sure anything can be done. Presumptively, this was all done verbally; you have nothing in writing. Generally, when you give someone something, it becomes theirs once they accept the gift. There are no "give backs" under the law. Nothing would prevent them from giving the dog away now... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: What do the state have to prove if illegal substance found in Vehicle and driver nor passager was aware of it..yet both

Was charge with intent delivery...

Brent T. Geers
Brent T. Geers
answered on Apr 12, 2024

Possession can be actual or constructive. Knowledge can be established with circumstantial evidence (e.g. if something was found on the dashboard, a fact-finder - the jury - can infer that you were aware of it.

As a very general proposition, a driver is responsible for anything in the car....
View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: My battery died in january, interlock device and now 3 months major violation just before my reinstatement hearing

January 20 to 22 no power, but I hadn't driven it since the 12 January. I was not ever informed that I violation and I also called them and they said that I had no violation. I got a lawyer but I am not feeling that I am a priority and I need my license. How confident should I be in getting it... View More

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

No one - including your lawyer - can tell you with any certainty that you will get your license restored. The administrative hearing officers take a lot of factors into account. Most important, perhaps, is your ability to convince the hearing officer that you are and have been stone-cold sober over... View More

1 Answer | Asked in Divorce for Michigan on
Q: Can we stop a divorce before the judge signs the final copy?.

The agreement was turned into the court. I called the court and asked the court if we can stop the judge from signing it as both of us want to reconcile our marriage. I did it without letting my lawyer know. I know not a smart decision, now my lawyer is calling me about it. I'm freaking out.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

Not wise, for sure, to call the court without your lawyer. Your lawyer ostensibly wants what you want; did you think he or she would be mad that you want to reconcile? It makes absolutely no difference to him or her.

If the judgment has not been signed, your lawyer - working with the other...
View More

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

View More Answers

1 Answer | Asked in Family Law for Michigan on
Q: 1st hearing, shouldn't I of received, evidence against me, medical orders, statements, disclosure? Paperwork?
Brent T. Geers
Brent T. Geers
answered on Apr 1, 2024

Not necessarily. Is this a custody or divorce case? If so, the 1st hearing is usually to establish a temporary order: figure out what's going on and how to keep things from getting worst. There's usually a lot of discovery and exchange of evidence left to do.

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Consumer Law for Michigan on
Q: I bought a Motorcycle online and it was advertised on line as a higher end model than what it was actually.

Bluebook difference was about $700 difference. I didnt realize it until about 6 months later. I still have 2 screen shots of the advertisement. I called and complained in 2020 but didn't hear anything back after talking to a supervisor telling him i was not making any more payments until this... View More

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2024

Consider talking with a consumer rights attorney who can advise you on what remedies may be available through Michigan's consumer protection act. I suspect though that once you accepted delivery of this motorcycle, and had it for at least 6 months before noticing anything, it may be difficult... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Does friend of the court charge for their services? Should child support received be the same as amount deducted?

Does employer have to send income withholding amount in a certain amount of time? If they don't what can I do? How come amount deducted isn't the same as amount received?

Brent T. Geers
Brent T. Geers
answered on Mar 25, 2024

There is a fee for services, which is why the amount deducted doesn't match the amount received. Your employer must comply with the income withholding order timely. But ultimately you are responsible for the entire amount owed.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to buy nudes online?

I am a 21 year old struggling porn addict who has purchased online content from onlyfans, and Fansly. But then on Instagram some people steal onlyfans content and market it as their own to scam others and they sell it over instagram and Snap chat. They ask for payment over Venmo, apple pay and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2024

Your parents are right to be worried. It sounds like you are taking reasonable precautions against being caught up in anything really illegal. However, as you know, the sources you are getting stuff from are not on the up-and-up. A lot of scams happens behind porn because people assume you'll... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I have multiple charges from the same incident but received multiple case numbers in Dearborn Michigan is the a error ?
Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Depends...different types of cases could be assigned different case numbers even from the same event. For example, you could be charged with a felony, a city misdemeanor, or a civil infractions; those would all have separate numbers. Further, if you were charged with felonies, you would always have... View More

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Possibly. I think a judge could find that the text communication is a sufficient writing. The other issue is that the request isn't really an amendment to the lease; it sounds like he's asking to terminate the lease.

Bigger question for you is: why not let this tenant leave and...
View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My teenage boys don't want to go to their dad do I have to send them if they refuse. Have an order in place.

They are almost 16 and 14. They don't like the atmosphere there. Don't feel wanted. They cry every time they have to go. They are quiet and upset about going. They are afraid to say something to him for fear of retaliation at them.

Brent T. Geers
Brent T. Geers
answered on Mar 4, 2024

Short answer is: yes, you need to send them. Is this a new issue? What's changed? A judge is going to want answers to those questions, and at your sons' ages, the judge may want those answers from your boys in the form of an in camera interview after the filing of a proper motion.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Rights for Michigan on
Q: Can my partner's kids enter the home w/o me present, while he is in an induced coma due to a stroke w/o a living will?

I have been living with my partner 3.5 years, supporting him and the home most of it. He and his ex gf own the home. In that time his son has only been here a handful of times, his daughter none, as she wants nothing to do with him. Until 2 days after his hospitalization, in which I was served with... View More

Brent T. Geers
Brent T. Geers
answered on Mar 1, 2024

You are in a very tough spot. The ex-girlfriend is a co-owner of the house and so she can evict you. I did not see you indicate that you are legally married to your partner. If that's the case, and in the absence of legal documents to the contrary signed by your partner, you have a tough... View More

View More Answers

1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: I loaned someone $4000 with a signed and notarized promissory note. They are not in default. Do I have recourse?

I bought my home from him and he also abandoned his vehicle on my property.

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

Yes. You can sue them. The person will either answer and appear, or not. The judge will determine whether they are actually in default and if so, what the judgment amount is. It is then your responsibility to collect it legally. Unfortunately, you may find that the person who owes you this money... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Michigan on
Q: Doing jury trial if one of the jurors quit does the judge have to notify the defendant

One of the jurors left and the middle of deliberation and did not come back the next day does the judge or the prosecutor have to notify the defendant that the juror did not come back

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

An event like this would ordinarily be disclosed to the defendant on the record but outside the presence of the remaining jurors. The prosecutor likely knows nothing more about the circumstances than the defense attorney; court staff would alert the judge to the juror issue, and the judge would... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: Do I have a chance to still get shared custody 8 months ago my wife abandoned our home with the kids and got a ppo?

Am I screwed?

On June 11 last year while I was at church my wife abandoned our marital home and took the kids with her, the very next day she filed a ppo with a petition full of lies and false allegations about me physically and verbally abusing her (with no evidence of course) we had a... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

You sound like you are aware this will be an uphill battle. Are you screwed? No! Of big concern is why you haven't seen the kids in 8 months; is that because you never raised this issue with the court or your soon-to-be ex is just not complying with the order? I think with that amount of time... View More

2 Answers | Asked in Constitutional Law and Health Care Law for Michigan on
Q: Section 2843 of Act 368 Public Acts of 1978 who should sign the death certificate?

I have without success tried to consult with an attorney that option has not been made available to me.

The deceased was pronounced dead in the hospital in Michigan. Am I correct that the death certificate should have been signed by the chief medical officer based on available records or... View More

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

To answer your question more succinctly: Ordinarily a death certificate would be signed by the doctor present at the time of death. The cause(s) of death would be those known to the doctor at the time or based on medical records. It is not uncommon for there to be multiple causes of death, and the... View More

View More Answers

1 Answer | Asked in Family Law for Michigan on
Q: Can the court make me stay with a offer that was not accepted in court and instead ordered to keep communicating?

My ex wife were in court arguing over a boat that was to be sold following our divorce. The judge asked why it hasn’t been sold and then asked me if I would be willing to buy it at $11,000, I replied yes. The judge then asked if my ex would accept that and her lawyer said they will have to... View More

Brent T. Geers
Brent T. Geers
answered on Feb 26, 2024

I think you might be stuck and here's why:

As a matter of basic contract principles, what happened is that you made an offer when the judge asked whether you were willing to buy them out. That offer wasn't accepted immediately ("...they will have to discuss and get back to...
View More

2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Michigan on
Q: How do I request a retraction of false statements made concerning fraudulent misrepresentations on documents?

When all documents pertaining to a person's "death" is full of fraudulent misrepresentations without explanation and corrections for years what are the remedies? The body was never seen by immediate family members and loved ones. There's blatant discrepancies from government... View More

Brent T. Geers
Brent T. Geers
answered on Feb 26, 2024

Who are you seeking the retraction from? And if the retraction you're seeking is from false statements, can you prove those statements false?

It sounds like there is a body, and the cause of death is at issue. Unless the family is prepared financially to exhume the body and have...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.