Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Hillard Fried

1 Answer | Asked in Criminal Law for Michigan on

Q: Does our justice system convict people fasley even when they know there innocent

Hillard Fried answered on Apr 3, 2011

Though our American justice system is the envy of the world, it sometimes happens that innocent people are wrongly convicted. Erroneous convictions are inevitable because people weigh the evidence and people make the decisions. In recognition of the fact that no human system is ever perfect, the... Read more »

1 Answer | Asked in Personal Injury for Michigan on

Q: Workplace back injury 9 years ago. Been through rehab, 2 surgeries since. Company now bankrupt- can I still seek comp?

Hillard Fried answered on Apr 3, 2011

Generally, workers compensation benefits are paid by an insurance company (self funding is a possibility, but there are legal safeguards in that scenario as well). Accordingly, even if the company for which you worked declared bankruptcy, if your condition and circumstances warrant payment, then... Read more »

1 Answer | Asked in Personal Injury for Michigan on

Q: I was injured on my job and was awarded WC and SSDI. My employer' s actions caused me to develop RSD/CRPS. How can I sue

I became disabled by bad faith decisions and my idiot mgr. Practicing medicine without a license. My company is now scrambling to make sure all holes with ADA are plugged. For2 years I have been unfairly treated by the Insurance company....such as delays for medical treatment for my early stages of... Read more »

Hillard Fried answered on Apr 3, 2011

If your injury arose out of and in the course of your job, and you were covered by workers compensation insurance, and no "third-party" outsider (a person not working for or partnering with your employer) contributed to your injury, then workers compensation is the exclusive remedy.

1 Answer | Asked in Family Law for Michigan on

Q: How does a spouse recant testimony regarding sexual abuse which landed their significant other in prison?

Hillard Fried answered on Jan 13, 2011

It is possible for a lawyer to make a motion for a new trial based on newly discovered evidence—that being a recanting witness. If the court granted that motion, a new trial would be convened, and you would be called the the witness stand. The lawyers for the parties would cross examine you about... Read more »

1 Answer | Asked in Family Law for Michigan on

Q: I am below poverty and can't afford an attorney ... cps is threatening to take my children away ... what do i do ???

Hillard Fried answered on Jan 13, 2011

When the government seeks to terminate your parental rights through the courts, the court must appoint a lawyer to represent you—if you are financially unable to retain one. Assuming that you are indigent, you should notify the court in writing, immediately.

1 Answer | Asked in Real Estate Law for Michigan on

Q: My fiances ex-wife was given 6 months to get the house out of his name and has not made any effort.

It is now going on 18 months. And everything is in the divorce decree. What can we do to get the house out of his name?

Hillard Fried answered on Jan 10, 2011

Your fiancé should file a motion to enforce the judgment. If the judge grants the motion, he may order the ex-wife to take action within a specific time frame or face monetary sanctions.

1 Answer | Asked in Collections for Michigan on

Q: Is there a statue of limitations on serving a summons and complaint on a credit card i had back in july of 96?

Hillard Fried answered on Jan 10, 2011

In Michigan the statute of limitations for breach of contract is 6 years. If the contract provided for installment payments, and the most recent breach was more than 6 years ago, that breach and all previous breaches are outside of the statute of limitations. Consequently, if the creditor sues you... Read more »

1 Answer | Asked in Uncategorized for Michigan on

Q: W do i fill out notice of hearing motion

Hillard Fried answered on Jan 10, 2011

You draft the notice of hearing at the location of your choice. You would file it in the court clerk's office, either electronically (if the court requires that method) or by regular mail - if the court requires original hard copies. The latter courts also accept manual filings.

1 Answer | Asked in Uncategorized for Michigan on

Q: What type of Lawyer would be used in both Federal Civil Suit and interstate criminal filings?

What type of Lawyer would one use for Class action civil case, Federal Diversity case, and filing of criminal charges against defendants to which criminal charges can be filed?

Hillard Fried answered on Jan 10, 2011

For the federal civil case, seek a lawyer who has experience in federal civil practice. For the federal criminal case, seek a lawyer who is experienced in federal criminal practice.

1 Answer | Asked in Workers' Compensation for Michigan on

Q: I was hurt in Alabama but I reside in Michigan do I need a Alabama Lawyer to help with workmans comp settlement

Hillard Fried answered on Jan 10, 2011

Assuming that you were working for an Alabama employer, generally, you would need to submit a claim for Workers Compensation benefits in Alabama.

1 Answer | Asked in Bankruptcy for Michigan on

Q: Tell me that a bussiness can not hold me accountable for a loan put in my account without sending me information.

A compant is telling me that I owe them money for a loan that was put into my checking account. This company never sent me anything saying they were putting money in my account or that I need to make payments on this account. They have sent this to a collection company and now this company is... Read more »

Hillard Fried answered on Jan 7, 2011

A necessary element of every contract is mutual assent. If you were completely unaware of this loan and never agreed to accept it or to pay it back, you are not bound by the terms of the transaction. Under principles of both law and equity, however, you may be required to restore the money if it... Read more »

1 Answer | Asked in Bankruptcy for Michigan on

Q: Am I able to terminate Freedom Debt Relief program without penalty?

Hillard Fried answered on Jan 7, 2011

That would depend on the terms of your contract and any applicable laws which regulate those transactions. For a more precise answer, you should submit your contract to a lawyer for review.

1 Answer | Asked in Bankruptcy for Michigan on

Q: I'm being sued for credit card debt. If I bought something online and made monthly payments, can the purchase be traced?

Hillard Fried answered on Jan 7, 2011

If you made purchases online with your own credit, which bears your name, certainly the purchase can be traced - because the vendor submits payment to the credit card company and that company executes the transaction.

1 Answer | Asked in Bankruptcy for Michigan on

Q: Original loan was for $80,000 I paid $130,000 over 13yrs, why am i still being sued for "deficiences"?

I tried a deed in lieu and short sale which the bank didn't want any part of. Not only did I pay the bank more then the initial loan, they got the house back and recieved "bail-out" monies. I am having a hard time seeing where the bank feels they are owed more money.

Hillard Fried answered on Jan 7, 2011

Even if you re-paid more than the original loan amount, additional money may be due and owing for costs, fees, penalties and interest. The bank's 'bailout' money will not reduce your debt because, theoretically, that money was loaned to the banks and must be repaid. Nor was it paid on your behalf.... Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: Can the judge revoke my bond because he thinks my testimony is false

Hillard Fried answered on Jan 7, 2011

A condition of every bond is that the defendant not violate any criminal law. At worst, knowingly providing false testimony in court is perjury—a serious crime. At best, it is 'contempt of court', a violation for which the judge may sentence you to jail. Since the judge may impose jail time for... Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: Can the judge revoke my bond because he thinks my testimony is false

Hillard Fried answered on Jan 7, 2011

A condition of every bond is that the defendant not violate any criminal law. At worst, knowingly providing false testimony in court is perjury—a serious crime. At best, it is 'contempt of court', a violation for which the judge may sentence you to jail. Since the judge may impose jail time for... Read more »

1 Answer | Asked in Civil Litigation for Michigan on

Q: How can insurane company file claim aganist deceased person and two living persons it said acounts receviable

Hillard Fried answered on Jan 5, 2011

Our legal system is based on English common law. Back in merry old England, a person’s claims and even most of his obligations were extinguished at death.The common law approach made some sense, in that the dearly departed do, in fact, lack the capacity to own, manage or handle anything. On the... Read more »

1 Answer | Asked in Animal / Dog Law for Michigan on

Q: What michigan statute protects a dog owner if their dog bit someone

Hillard Fried answered on Jan 5, 2011

In the typical personal injury claim, the injured party must prove that the party who caused the mishap was negligent. If the injury victim fails to prove negligence, he loses.

In contrast, the victim of a dog-bite is not required to prove negligence. That is known as “strict liability”....
Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: I live in michigan I plead to accessory after the fact to a felony I want to get this felony expunged how long do I hav

How long do I have to wait

Hillard Fried answered on Jan 5, 2011

A statute provides that a person convicted of one and only criminal offense may file a motion to set aside that criminal record. The process is commonly known as "expungement". Certain convictions may not be expunged. Those include crimes punishable up to life in prison, convictions for criminal... Read more »

2 Answers | Asked in Bankruptcy for Michigan on

Q: Can I keep my house and still file for bankruptcy?

Hillard Fried answered on Dec 31, 2010

Under certain circumstances, you may file bankruptcy yet keep your residence. Bankruptcy law provides that a certain amount of your home equity is exempt from the claims of creditors. Thus, if your property is subject to a mortgage or other lien, and you are current on the related installment... Read 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.