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Questions Answered by Brent T. Geers
1 Answer | Asked in Small Claims for Michigan on
Q: On February 24, 2023 I sold my used 2010 chevy equinox that I had posted online in my post I explain everything about

vehicle when I first purchase and all the work i had did to the car, also said there was know known major issue that I knew of because i had taken care of that when I bought the car use in 2019 so the young lady came down test drove the car at that time it was riding like always and no lights on no... View More

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

What a mess! Hopefully you at least got paid. The initial transaction could have been handled better (don't ever let someone drive off with your plate; when you buy a car at a dealer, they don't let you drive off with their plate.)

Not sure if she has any claim to successfully sue...
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2 Answers | Asked in Employment Law for Michigan on
Q: Can an employer refuse to pay for my medical bills if I have a seizure at work and they call an ambulance?

This was a few months ago but I wasn’t going to fight it cuz I assumed they were right but my ambulance bills are just piling up because I can’t afford them. They said they aren’t paying for it cuz it’s not a work related injury. The job is a restaurant that’s not a union (as far as I know)

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

I think your first instinct is correct; the employer is not obligated to pay your ambulance bills if resulting from something non-work related.

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1 Answer | Asked in Employment Law for Michigan on
Q: Is it legal for the building owner at my work (not my boss) to audio record our conversations at work?

We rent half of a warehouse and they have security cameras but we didn't know they recorded audio. The building owner is mad because his employee quit and now works with us and has been recording our audio trying to get us in trouble with our boss. He emailed a video of us to my boss as... View More

Brent T. Geers
Brent T. Geers
answered on Mar 30, 2023

It certainly can create a negative environment. Whether it's unlawful is a different question, and to a large extent depends on what your company's lease says. Regardless, it sounds like your new colleague was wise to come on over.

1 Answer | Asked in Civil Rights for Michigan on
Q: I was unlawfully stopped by police for brake light not working lie The police car camera prove it what as should I do?

Should I file a complaint or stay quiet I'm afraid they will prosecute harder if they know I filed a complaint?

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2023

Are you being prosecuted for anything? If so, you should address this issue with your attorney. If not, then it's up to you whether you want to file a complaint with the police department.

1 Answer | Asked in Divorce for Michigan on
Q: Can my soon to be ex-husband refuse to give me my vehicle that is just in my name during the divorce process?

He defaulted on my summons for divorce. The agreement was what his is his and what is mine is mine. I have since filed the default request and entry and a motion for the judge.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2023

The summons is not a court order. You are doing the right thing by now filing for a default and entry of proposed judgment. Once that is complete, you can take steps to get the car back through enforcement of the judgment.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I wasn't driving. My license plate got confiscated. How do I get a new metal plate

Someone had borrowed my car and got stopped and arrested for DUI

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2023

Check with secretary of state, but I suspect they will tell you you'll need to wait until your friend's DUI is resolved.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can property only in wife's name be changed to reflect tenants in entirety?

Mother in law gifted wife a property on 2020, 10 acres. MIL wanted it only in wife's name, which we agreed to at the time to avoid conflict.(we have been married since 2009) . We are finally building on it, and wife and I want to make the property a tenants by entirety, with both our names. I... View More

Brent T. Geers
Brent T. Geers
answered on Mar 26, 2023

Some of this depends on what the deed to your wife says. If it's a generalized quit claim or warranty deed giving your wife full property rights, then she can now deed it to herself and you as joint tenants by the entireties.

The difference between tenants by the entirety and tenants...
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1 Answer | Asked in Family Law and Probate for Michigan on
Q: What happens if there is no father listed on the birthcertificate and I get Medicaid for my kids? (michigan)

I am the guardian of my grandkids and I would like to get them switched to my Medicaid case. I know that they will go after the mother to pay for child support, but what about the dad if there isn't one listed? There is a dad listed in the probate case but he isn't on the birth... View More

Brent T. Geers
Brent T. Geers
answered on Mar 23, 2023

The state will probably seek paternity and a support order on the child's behalf.

1 Answer | Asked in Domestic Violence and Sexual Harassment for Michigan on
Q: So basically I sexually touched and 13 year old girl and I thought she was 15 and- (more information)

So to my knowledge it was consensual and I never heard her say no, also I’m 16 so what the chance I go to jail

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2023

Too many unanswered questions to give you an adequate answer. And you shouldn't give more details on a public forum like this. For now, just know that what could or will happen depends on the nature of the sexual touching.

1 Answer | Asked in Child Support for Michigan on
Q: Michigan/Canada international Child Support after 18 years old!

My Canadian kid turns 18 and graduate in June. Her mom wants 5 more years of child sup for her through college she said. Im in Michigan. We were never married and she doesn’t have a case established with the Friend of Court. Originally we had a formal meeting and settled out of court in Canada.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2023

I would think Michigan does not have jurisdiction if your child resides in Canada. The mom can file here - nothing you can do to prevent it - but I would think your argument would be lack of jurisdiction.

1 Answer | Asked in Criminal Law for Michigan on
Q: what is a probable cause conference
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

A probable cause conference is the first stage in a felony criminal case after initial arraignment. Think of it as a pretrial to the preliminary examination, that determines whether probable cause exists to send the case on to circuit court for trial. In most places, the decision is made whether to... View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: What if the alleged DV victim is actually the aggressor?

My husband and I were involved in an altercation. It started with him taking my cell phone from me. I followed him to get it back and told him I’d leave if he returned it. I reached for his hand and the result was me being repeatedly hit and shoved. All while I was only after my phone and keys.... View More

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

Depending on the injuries, it may be possible to speculate as to who was the aggressor.

1 Answer | Asked in Admiralty / Maritime, Civil Litigation and Civil Rights for Michigan on
Q: Is there a federal rule or code which prevents altering a settlement agreement that was put on record?

I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement,... View More

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

The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional "legalise" that make it all work. Unless you can show a... View More

2 Answers | Asked in Criminal Law for Michigan on
Q: Is it possible to get a restitution charge dismissed due to ineffective counsel??

I was charged with larceny my court appointed lawyer did not explain to me that I was taking a plea or that I would have to pay restitution. This lawyer would not listen to me or look into evidence that would help me. They complained several times about how much work my case was causing them. Would... View More

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

You lost me at "I found out I took a plea when I called the court to ask about paperwork to file an appeal." When someone enters a plea, the judge asks a host of questions on the record designed and intended to prevent someone from later saying "I didn't know" / "I... View More

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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: In a custody case does child have to testify if one parent subpoenas them
Brent T. Geers
Brent T. Geers
answered on Mar 20, 2023

No. And in fact, the court conducts in camera interviews with children in custody disputes; they do not testify in open court.

1 Answer | Asked in Criminal Law for Michigan on
Q: Injured from a gunshot wound/stray bullet fired at my house with and I had no criminal involvement.Do I need an attorney

My cousin showed up to my house looking for safe refuge from an attacker who had apparently followed her to my home. I dialed 911 for her and was speaking with a dispatcher when the assailant pulled up. I was directed to block off the door but didn't make it before he had fired thru the door... View More

Brent T. Geers
Brent T. Geers
answered on Mar 14, 2023

You should look at the warrant carefully and take it to an attorney if at all possible. If the warrant affidavit contains statements that evidence of a crime could further be found in the home, it's possible the search and seizure is permissible. The remedy for an overreach of a warrant is... View More

1 Answer | Asked in Probate for Michigan on
Q: How can we have an attorney of record removed from a case that was processed in Michigan's Probate Court?

We had hired a lawyer to assist in having our son declared an incapacitated adult, and to have ourselves assigned as his guardian. It's been several years since this was done, and the attorney has asked to be removed as the attorney of record. We cannot find how to do that - which form or... View More

Brent T. Geers
Brent T. Geers
answered on Mar 14, 2023

That attorney would need to file a petition to withdraw. You as the client could stipulate to that, in which case I don't think a judge would have a problem signing.

1 Answer | Asked in Libel & Slander and Criminal Law for Michigan on
Q: How do I remove harmful stuff on me when it was expunged from my record? It is killing my chance at every job I take.

An expunged record should not be for all to be viewed.

Brent T. Geers
Brent T. Geers
answered on Mar 12, 2023

Unfortunately, there is no easy way to do so. The reason why is because of the proliferation of aggregate record sites that operate by pulling public records from various sources. All that an expungment does is correct the official record; it does nothing for the third-party commercial websites... View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: Chances of dropping DV charges

I am a defendant of DV case, Incident happened due to an heated argument and got into minor physical, After 2 days my wife friend call 911 and lodged the complaint and there were some bruises on my wife hands and they arrested me and filed DV case. Now my wife is ready to drop the charges and i am... View More

Brent T. Geers
Brent T. Geers
answered on Mar 11, 2023

Unfortunately, it's not a simple matter of telling the court "we're good". Your wife can express her thoughts about going forward to the prosecutor. Depending on the facts of the case, even that may not result in charges dropped.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My landlord is trying to evict me over $349 that I paid on January 11th. I called western union they said it was cashed.

I do not know what to do in regards to this because I have the receipt and paper demanding I pay or I will have to go to court. I paid. The next month it is still sitting on my account balance. Western union said i would have to fill out a paper , send it in with mail with a $30 money order to find... View More

Brent T. Geers
Brent T. Geers
answered on Mar 9, 2023

If the money is still in your account, regardless of mistake, you would be wise to now pay it to prevent eviction.

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