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Questions Answered by Brent T. Geers
1 Answer | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Michigan on
Q: Do you believe this situation is worth pursuing from a legal & financial perspective? Is there precedent for this?

Hello & I appreciate your time & expertise.

I took my car to my Ins. Co.’s recommended Collisions Shop.While in for a complete tear down quote, the Shop caused additional damage to my car. They submitted a final quote to my Ins. Co. - which includes the cost to repair their... Read more »

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

Probably not. Look, insurance is a business. It is probably not worth their while to fully investigate what might have happened, especially when clearly, the insurance company is paying a claim anyway, just to save a few bucks.

It is pre-arranged; insurance companies are most collision...
Read more »

1 Answer | Asked in Small Claims for Michigan on
Q: I initiated a small claims at my district court. Is there any way I can still have a lawyer represent me in the matter

I had set agreements with my friend while living together for a few months but she chose to illegal put me out and refrain from letting get my personal belongings.

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

You cannot have a lawyer in small claims court.

1 Answer | Asked in Small Claims for Michigan on
Q: How much will it cost for a pro bono lawyer to take my case for illegal eviction?

My friend stole all of my property I had furnished in her house while staying there a few months. Now she will not give it back.

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

Not sure if you have an illegal eviction action as much as a possible claim and delivery action, which you can initiate yourself in the district court.

1 Answer | Asked in Family Law for Michigan on
Q: My childrens father passed away in April. His new wife made all the burial decisions giving our children no say even

Even though my oldest children we very aware of his wish. It was later discovered that the new wife may not actually be his wife. We were unable to locate any marriage certificate on file and when we contacted the crematorium about how they verified the marriage making her next of kin. They... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2022

Fortunately, a burial is reversible, whereas a cremation is not. Your oldest child could petition the probate court for an order to handle the affairs. But if it's shown that this other woman is in fact the wife, then she would have priority to make those decisions and there would then not be... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Im 3 months behind on rent,no written lease. Landlord kicked my back door down, now he came in and changed the locks.

Landlord has not sent me any type of notice to quit or anything at all. He changed the locks tonight at 6pm and said he wanted me and my stuff out by TONIGHT. Or he "won't be nice anymore"... He keeps bringing up that we have no written lease, so he thinks he can threaten me and... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2022

You need to get to your local courthouse quickly. There is a concept called constructive eviction, and self-help evictions are prohibited in Michigan.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: I got change with A&B in Montcalm and have to take class for a sas mrt it is for drugs when I didn't get busted

And I am on probation for 24m and I get SSI and they try to say I have to get a job when it court order

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2022

Often, terms of probation will include substance abuse or mental health treatment even if not a part of the sentencing offense. The rationale is that even if you didn't get busted for drugs, substance abuse probably played a role in the assault.

An alternative to an employment...
Read more »

1 Answer | Asked in Family Law for Michigan on
Q: I need help getting my children home there is a guardianship placed in Wayne County and I live in isabella county

I am trying to bring my children home and having a hard time with not being given information or documents.

Brent T. Geers
Brent T. Geers
answered on Jun 27, 2022

You will either need to go down to Wayne County to get those documents and to appear in court there, or hire an attorney who can more readily handle a matter in Wayne County.

1 Answer | Asked in Civil Litigation and Municipal Law for Michigan on
Q: I have nonprofit that owns a house. Can the city sue the President of the non-profit for a blighted property?

Due to some hardships I have not been able to keep the property in proper care

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

Yes they can.

1 Answer | Asked in Criminal Law for Michigan on
Q: I have an arraignment tomorrow morning for a charge I was never arrested and charged for.

I have an arraignment tomorrow morning for a charge I was never arrested and charged for. I am being accused of bailing someone out of jail with conterfeit money. I have NO IDEA if this is true or not, to my knowledge I paid with real cash!! How stupid would I possibly be?! I had no clue. The... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

All you can do is go through the process at this point. The prosecution will need to show that you knew or should have known the money was fake. If what you're saying is true, I think you have a compelling case to make to a jury.

2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... Read more »

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

I think you're right that you can sue them. I would try consulting a consumer rights attorney before trying it on my own. And I would plan to go ahead and sue in the general civil division (district court), not small claims. In small claims, neither party can have an attorney, and a business... Read more »

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1 Answer | Asked in Medical Malpractice for Michigan on
Q: I am wondering if there are any lawyers or law firms that practice veterinarian malpractice?
Brent T. Geers
Brent T. Geers
answered on Jun 23, 2022

I am sure there are - check in more rural areas and attorneys who work with farmers. Although, you probably don't need to limit your search to someone with specific experience with veterinarian medicine as the concept of malpractice would be the same as with humans. Any attorney would need to... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: How long do I have to hold my soon to be ex wifes stuff at my mom's house in michigan, she chose to leave and moved out

Been 3 weeks and she has been told multiple times

Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

Is the divorce finalized? If not, this issue needs to be addressed in court.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: can a letter with no name establish legal residency?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

If this is a follow-on question to the one posted the other day regarding residency, please note that a person can have multiple legal residences. The question turns on whether you have some intent to return. A hotel is generally not a residence because when people stay in a hotel, it's... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: trying to fill out my appeal how do i find my judges bar number if my lawyer wont help me?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

First, be very cautious about what you are doing. Second, if you are appealing after a sentence, your attorney, unless they agreed otherwise, has no obligation to help you appeal. Appeals and trial work are completely different. If you are appealing, see my first point; you could be jeopardizing... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: them my constitutional rights have been violated because my arraignment on information was waived without my knowledge

I am in jail

them my constitutional rights have been violated because my arraignment on information was waived without my knowledge. I nevere agreed on or off the record to waive my arraignment on information. I have nothing on paper with my signature or anything being waived on any court... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

One of two things happened at your prelim: either 1) you did waive circuit court arraignment, or 2) the district court judge arraigned you on the information - possibly because you refused to waive. If either of those two situations did not occur, as you are saying, then the remedy is for you to be... Read more »

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: Can someone with 50/50 custody make exchanges at the police station due to safety concerns?

My boyfriend has 50/50 legal and physical custody. Last time we picked up his daughter they sent a threatening message about calling the cops over my driving. Though we did not do anything wrong. My boyfriend feels unsafe and bad for his daughter and wants exchanges to take place at a police... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

He can. The parents can always agree on an exchange point; if no agreement, then whatever is in the order stands.

1 Answer | Asked in Criminal Law for Michigan on
Q: how can i get my discovery packet if my lawyer wont give it to me? he took my money and wont help me what so ever.

i need the discovery packet to file my appeal.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

First, there is no such thing as a "discovery packet". When people use that term, they are generally referring to the police report, and perhaps fingerprints, DNA, etc. The police report itself is not evidence. But in some cases, that may be the only thing in the "discovery... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: does a piece of mail legally establish residency ?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

It can, especially if that mail is a utility bill.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Landlord turned gas off

I was subleasing but not on lease ex roommate decided to shut gas off on me and take my keys now I can't access basement to get my gas on and my kids are at risk of getting tooken because she called cps as a way to self evict what can I do about this

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

You are at risk for CPS action because you don't have stable housing (e.g. name on a lease). Does the landlord know you are subletting? If so, you should talk with them. If they don't know and had not approved, then your issue is with your ex roommate, but going after her will not help... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: can a statement in an interview (at police station)be used against you if your miranda rights were not read.

miranda rights were read after statement was given.

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2022

Yes. Miranda rights apply when there is custody AND interrogation. Often times, police will "invite" you down to the station to talk with them, and will say something to the effect of "you're free to go anytime but we really hope you'll stay because we just want to hear... Read more »

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