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Questions Answered by Patrick Duff
2 Answers | Asked in Business Law for Michigan on
Q: Can money be returned after 6 months?

My company accidentally sent a check to a company ( Company A) with the exact same name as the actual receipt company of the check (Company B). When the check was sent it had all of company As information and was deposited without an issue. Unfortunately that check was sent and cashed in early... Read more »

Patrick Duff
Patrick Duff answered on Jun 18, 2021

You probably have a viable unjust enrichment claim. However, the cost of litigating such a claim could easily exceed the $6,000 you're hoping to recoup. Unfortunately, I think you're have to make a decision about how much you want to invest in trying to scrape back that money versus... Read more »

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1 Answer | Asked in Uncategorized for Michigan on
Q: My dad has was working for a union for 25 years he suffered a massive heart attack, went back to work and then got

Permanently laid off. He now needs a disability lawyer. Should we be looking for a disability lawyer or can someone help us try to get something started? Thank you so much for your time.

Email: rianleigh1992@gmail.com

Phone : 9896707749

Patrick Duff
Patrick Duff answered on Jan 12, 2021

If you're talking about applying for Social Security Disability, and not a long-term disability or some like benefit offered through the union, then sometimes claimants can be successful on their own. However, it is always helpful to speak to a lawyer before moving forward. Most disability... Read more »

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Partnership withdrawal and contract debt dispute

If we started a buisness with 5 people and one of the partners volunteer to leave and just wanted what they put in and we oked that in the contract and signed it to be paid evenly between the last 4 partners and the after 5 months 3 of the partners paid there portion already but the last partners... Read more »

Patrick Duff
Patrick Duff answered on Jan 12, 2021

It will depend upon the language in the contract you signed to buy out the first partner. If the contract says each remaining partner is reliable for his/her own share, then you're ok. If it says the business is responsible as a whole, you may have to pay and go after the non-paying partner... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Michigan on
Q: Coworker gave me Nazi salute, twice. Owner says I misinterpreted.

Na

Patrick Duff
Patrick Duff answered on Oct 25, 2020

It's hard to say whether there is a cause of action here without knowing whether you're in a protected class--i.e., race, age, gender, etc. If you feel that your hours were cut in retaliation to your complaint, you can always file a claim with the EEOC and/or the MI Department of Civil... Read more »

2 Answers | Asked in Car Accidents for Michigan on
Q: Drunk Driver accident in a no-fault state?

My brother and mom got in an accident last night. A drunk driver left a bar and barely made it 500 feet before hitting them head on, in their lane. We live in a no fault state. He also fled the scene. The driver worked at the bar and they let him go, knowing he was intoxicated. What can we do? Do... Read more »

Patrick Duff
Patrick Duff answered on Sep 14, 2020

For wage replacement benefits and medical expenses, your family will need to look to their own insurance, since MI is a no-fault state. They can go after the at-fault driver for pain and suffering and they can go after the bar for what is called a dram shop action (over-serving, basically).... Read more »

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1 Answer | Asked in Car Accidents for Michigan on
Q: I need help understanding MACP for Auto

I was in an auto accident and have injuries. My father owns the vehicle. The vehicle is covered under a family AAA plan of which I was listed on the policy and the assigned driver for that vehicle. At the time of the accident I was not living with my parents. AAA covered my collision costs and paid... Read more »

Patrick Duff
Patrick Duff answered on Sep 11, 2020

The MACP assigns claims to private insurers when there is no coverage available for the claimant. They should assign your claim to a private insurance carrier. That carrier should pay your benefits. It is possible the assigned carrier will go after your dad's insurance if they think AAA... Read more »

1 Answer | Asked in Business Formation for Michigan on
Q: Can an individual get a DBA/AN or is this only for businesses? If so, what paperwork is necessary? Thank you!

I would very much like to get official paperwork for an Assumed Name, but everything that I read online says that Assumed Names and / or DBA’s are for the names of a business rather than for just an individual. I've asked two lawyers, two businesses, and a city clerk, and so far, no one has... Read more »

Patrick Duff
Patrick Duff answered on Aug 13, 2020

If you are using the assumed name as an individual, that means you are operating as a sole proprietor. You can register the name of your sole proprietor business at the county level. Here is a link with some info:... Read more »

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