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Questions Answered by Brent T. Geers
2 Answers | Asked in Copyright and Civil Rights for Michigan on
Q: what does a real subpoena look like? a physical copy was left at my address

my address is on the subpoena, but not my real name, just "John Doe" and my real IP Address. the Docket number that is on the subpoena does not come up online anywhere i have searched.

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

Not sure what you are looking at, but any real subpoena will have an attorney's name or office to contact, as well as the issuing court.

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3 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Constitutional Law for Michigan on
Q: I need a tenant lawyer in Michigan. I am in emergency need because I've been served a Writ for eviction.

My mother has passed away June of 2023 and I went to her mortgagee 1 month after her death to get deed put in my name and her lender told me not to worry about transferring the deed at that time, just make sure that I keep paying her homeowners insurance. He has never been to my house I had gone... View More

Brent T. Geers
Brent T. Geers
answered on Dec 9, 2024

The writ of eviction is the LAST step in the process, coming after a court granted a judgment for possession against you. As Mr. Zichi said, the time to argue about all this was back in 2023.

Get with a local attorney ASAP. If there is anything that can be done, it'd have to be done on...
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1 Answer | Asked in Child Custody for Michigan on
Q: Filing 4 custody, writing a formal letter to judge. Can a witness provide a statement but remain anonymous to defendant?

This witness is a neighbor to my child’s father who lives with his parents and has seen many things (domestic violence, severe alcohol abuse, aggressive breed dogs not being restrained properly etc.) she is concerned her name would come out to them and she would face scrutiny and drama from them... View More

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

No, for two reasons: 1) a written statement means nothing without the ability and willingness to testify in court. 2) Due process requires all litigants and opportunity to confront and challenge adverse statements.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Michigan on
Q: May jurors be sued?

When jurors find someone guilty of a crime that they didn't commit and decades later the person is exonerated, etcetera, may the jurors be sued?

Brent T. Geers
Brent T. Geers
answered on Nov 27, 2024

No. Absolutely not. Michigan has a specific statute that governs how to recover through an exoneration.

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: I’m looking for a motion to modify divorce decree, but not pertaining to child support, custody, or parenting time

I need to file a motion to amend my divorce decree post finalization. I’m in seek of the proper form needed to file this motion. Thank you.

Brent T. Geers
Brent T. Geers
answered on Nov 21, 2024

I'm not sure what would be modifiable at this point other than support, parenting time, and custody.

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1 Answer | Asked in Uncategorized for Michigan on
Q: Is groping someone while you’re sleeping assault? You have no recollection of doing it/they didn’t wake you up or stop u

They couple is dating

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

Absolutely can. Big question of fact as to how a jury would see this, but if the prosecution can show the touching was not accidental, and that it was for some sexual purpose / gratification, it could lead to a conviction. Doesn't really matter if the accused recalls it, or if the victim... View More

1 Answer | Asked in Divorce for Michigan on
Q: Woman on Social security needs divorce. He kicked her out 1.5 years ago. She can’t afford lawyer. Can’t get medicaid

No kids. No shared property. He won’t cooperate with any of her Medicaid forms. She needs Medicaid nursing home level of care.

Brent T. Geers
Brent T. Geers
answered on Oct 31, 2024

Contact the legal aid office in the county she is located in. They can help her file the necessary paperwork, and she almost assuredly qualifies.

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How do I find out if the person I’m involved with is the same person that is listed on a paternity claim A common name

His name is common and there is no information on the description of the person

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

If you are nearby the courthouse, you could stop in and ask to look at the file. Otherwise, what does the person you're involved with say about this?

2 Answers | Asked in Uncategorized for Michigan on
Q: When a Mrs. is used on a document for an unmarried individual is the document legally binding?

The person in question has been divorced for 40 plus years. Could this be considered an identity scheme?

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

Yes it is legally binding, particularly if the person in question signed it. "Scribner's errors", such as slight misspellings or improper titles or pronouns alone will not nullify a document.

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1 Answer | Asked in Child Custody for Michigan on
Q: Will a court allow video and/or text to prove verbal and mental abuse in a child custody case?

Not married but we share a child. I left our home after years of verbal/mental abuse. Never took him to court for it. I finally got the courage to move out now after 50 days of being gone he is suing me for sole custody of our 7 year old daughter who he has also been verbally and mentally abusive... View More

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

Possibly. The judge will be interested in all relevant evidence pertaining to the 12 best interest of the child factors.

2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Michigan on
Q: A court clerk said the judge sees the evidence with the complaint, was this judicial misconduct?

A Pro Se complaint was filed. The clerk stated that documents are scanned, she would stamp them and give them back. She did not give them back. How should the Plaintiff had handled that situation?

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

Judicial misconduct? No. Are you referring to the return of exhibits attached to a complaint? Generally, you should only submit things to a court with the understanding they will become part of the public file and shared with the opposing party / counsel, and not be returned.

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2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Legally should Licensing and Regulatory Affairs require the person who the complaint is launched against to respond?

"Licensed mortuary scientists are required to obtain authorization for final disposition from the next-of-kin and a burial transit permit before transporting dead human bodies to cemeteries or crematories and must take care in completing and electronically signing death certificates,” said... View More

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

It's LARA's duty to investigate the allegations you made against a licensed person. Beyond that, you have no standing or grounds to cause LARA to do anything. What they do with the results of their investigation is between the agency and the licensee.

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1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: Can you change or add to a Topic on your 1st denied appeal?

Can you add to insufficient evidence on a Topic denied on your first appeal? Or will that prohibit you from using that topic on any future motions?

Thank you

Brent T. Geers
Brent T. Geers
answered on Oct 21, 2024

Generally no. You typically need to raise all issues up front. If your "first" appeal has been denied, who do you plan to appeal to and how?

1 Answer | Asked in Child Custody for Michigan on
Q: When should I try to get my child back 50/50 after catching a felony and 2 misdemeanors?

I got caught back in feb with methamphetamine I went to jail for 1 month then to rehab for 3 months since out on bond 2 misdemeanor charges popped up for larceny which I am taking to trail which is not till dec or Jan. I’ve been going to chance for change randomly since the end of June when I... View More

Brent T. Geers
Brent T. Geers
answered on Oct 16, 2024

You'd be best off to wait until all of your criminal matters are complete.

2 Answers | Asked in Estate Planning for Michigan on
Q: A lawyer said we need 3 things at consultation 1) will (2) Lady Bird Deed (3) Power of attorney, NO TRUST…we’re confused
Brent T. Geers
Brent T. Geers
answered on Oct 13, 2024

Does the lawyer know you have an existing trust? If not, that could be why he or she didn't ask. If you have one, it wouldn't hurt to bring a copy. I would not judge this lawyer's competency until you've actually sat down with him or her.

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1 Answer | Asked in Employment Law for Michigan on
Q: Okay I'm in the union I injured myself the week before they suspended me now they're just fired
Brent T. Geers
Brent T. Geers
answered on Oct 8, 2024

You'll need to touch base with your union about what exactly being "in the union" can or will do for you. I can only assume that your employer would have made the union aware of your suspension and subsequent firing.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Custodial parent now has FT job vs part time like when order was completed. Will non-custodial parent CS increase?

In the state of MI, when our child support was first done, my ex (custodial parent) was only working 20 hrs or so making maybe 10-12k/yr. If she decides to get a full time job, will my (non-custodial parent) child support payment go up?? Paying just over $800 now for 1 child (age 16) that I have... View More

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

Maybe, but probably not by much without a substantial increase in actual income. Further, it would not be uncommon for the current support order to have imputed full time income when calculated, so the switch from part-time to full-time may already be accounted for.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Does terminating my parental rights cancel my child support order

This is an out-of-state issue, my daughter has decided she wanted to live with her dad, so she changed domicile to Michigan. I was ordered to pay child support, however, I have no communication with her because she won’t answer my calls, text, and neither will her father. I don’t want to pay... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2024

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Michigan on
Q: what is my next step if i lost custody of my child and the Supreme Court won't hear my case?
Brent T. Geers
Brent T. Geers
answered on Sep 30, 2024

You should consult with an attorney and see if a federal issue is present in your case. Otherwise - and realistically - it is unlikely any court will overturn this decision.

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Business Law for Michigan on
Q: Are there lawyers that advise or represent small claim plaintiffs?

Car dealership not honoring warranty claim (parts and labor) written agreement.

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

There are lawyers who may meet with you to advise you on whether and how to proceed with such claims. However, an attorney cannot represent you in the actual small claims proceeding.

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