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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue for mishandling of apartment application leading to homelessness and distress?

I applied for an apartment and was not denied, but the management stopped all communication after February 14th, when a manager emailed promising to call me when the unit was ready, and I was given a move-in date. I followed up several times without a response. This mishandling has caused... View More

James L. Arrasmith
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answered on May 16, 2025

What happened to you and your family is deeply upsetting, and your frustration is completely valid. If the apartment management gave you a move-in date and then stopped communicating without explanation, that could be seen as negligent or misleading, especially if you relied on their promise and... View More

1 Answer | Asked in Intellectual Property, Contracts and Civil Litigation for Michigan on
Q: Can I claim money from my teacher selling dolls based on my school project?

I made a movie for a school project, where I wrote the script and acted, along with three friends who helped create the movie. Without our permission, our teacher made dolls of our cast and sold them, making around $600. There was no ownership agreement or discussion about merchandise sales related... View More

James L. Arrasmith
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answered on May 14, 2025

That must feel really unfair, especially since the project was your idea and you helped bring it to life. If you wrote the script and played a leading role, you have a strong argument that you and your friends contributed original creative work. Even without a formal agreement, creators generally... View More

3 Answers | Asked in Probate, Foreclosure, Civil Litigation and Real Estate Law for Michigan on
Q: Can I sue my brother for theft or wrongdoing in managing my mother's estate without a will in Michigan?

My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More

David Soble
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David Soble
answered on May 12, 2025

You will need to support your contentions. If there was no will and he was n't appointed as a personal representative by the court, your options are limited. You would need to prove he did not have rights to the property. The best case is to become the personal representative of your... View More

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1 Answer | Asked in Employment Law and Civil Litigation for Michigan on
Q: Fired due to wage theft accusation with little evidence after complaining about loud music. What are my rights?

I was terminated from my job on 4/30 without any previous write-ups. On 4/29, I received a warning and was accused of wage theft and slow work. On 5/1, I had complained twice about loud music at work. My employer told me they would call the police and file charges unless I paid them back. They... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like your termination may be related to both wage theft accusations and the complaint you made about the loud music at work. Since you acknowledge the issue with punching out for lunch, it’s important to recognize that, while this could impact your wages, it doesn’t necessarily... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Real Estate Law for Michigan on
Q: Can I sue my neighbor in Michigan for storm damage from her tree and cleanup costs?

I'm seeking advice on whether I can take legal action against my neighbor in Alpena, Michigan, after part of her tree fell during an ice storm, causing damage to my cottage. Despite speaking with her daughter-in-law, who promised cleanup within 6 to 10 days, it's been almost two weeks... View More

James L. Arrasmith
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answered on May 15, 2025

That’s a frustrating situation, especially when you've waited patiently and been given promises that haven’t been kept. In Michigan, the general rule is that if a healthy tree falls due to a natural event like a storm, the property owner whose land it falls on is usually responsible for... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Michigan on
Q: Do I have grounds for a lawsuit regarding an unresolved bet on Poly Market after the UCL game went into extra time?

I participated in a prediction market called Poly Market for a UCL soccer game that took place on May 6 at 3:00 PM ET. The rules stated: if Inter wins, the market resolves to "Yes"; if Inter loses, it resolves to "No". There was no mention of the outcome being based on the first... View More

James L. Arrasmith
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answered on May 15, 2025

If the market rules clearly stated that the outcome would be based on whether Inter won or lost, and did not mention a 90-minute cutoff or regular time restriction, then you may have grounds to challenge how the market was resolved. The platform's decision to settle the bet based on the first... View More

1 Answer | Asked in Landlord - Tenant, Small Claims, Civil Litigation and Real Estate Law for Michigan on
Q: Should I file a small claims case for wrongful eviction and recover costs?

My boyfriend and I moved into a rental property under the agreement that our move-in costs were waived if we painted the house. The landlord claimed he handled other repairs, but this was not the case. We sent several emails and texts asking for repairs, including a request for a mailbox key, but... View More

James L. Arrasmith
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answered on May 14, 2025

You’ve been through a lot, and it’s understandable to want justice after what sounds like a very difficult experience. If the property truly lacked a certificate of occupancy and was not zoned for residential use, that’s a major issue that could support your claim. In most places, landlords... View More

1 Answer | Asked in Civil Rights, Family Law, Civil Litigation, Wrongful Death and Personal Injury for Michigan on
Q: Can I sue CPS for negligence and wrongful death of my child in Michigan?

In October 2024, my baby was hospitalized with multiple broken bones, raising suspicions with CPS, who accused me of abuse. They placed my children with my mom and cousin and allowed my cousin to supervise visits despite having no basis for the accusation. I relied on CPS’s judgment and trusted... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve been through is heartbreaking, and no parent should ever have to face this kind of loss. If CPS placed your child under the supervision of someone who turned out to be dangerous—and failed to properly screen or investigate him—they may have acted with negligence. When a government... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Litigation for Michigan on
Q: Can I be re-arrested if my abusive partner claims he was scared to be a witness in my past DV case?

I am a female dealing with an abusive partner and want to go to the police. Previously, I had a DV misdemeanor case dismissed without prejudice because the witness didn’t show. My partner is now threatening to go to the prosecutor of my former case and claim he was scared to be a witness, in an... View More

James L. Arrasmith
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answered on May 15, 2025

What you’re facing is not just unfair—it’s frightening and exhausting. Your partner’s threats are a form of emotional control, and you deserve to be safe and believed. A dismissed case “without prejudice” technically means it could be reopened, but that doesn’t mean it will be,... View More

1 Answer | Asked in Animal / Dog Law, Contracts and Civil Litigation for Michigan on
Q: Seeking legal options for deposit recovery from Michigan breeder.

I live in Wisconsin and agreed to buy three dogs from a breeder in Michigan. Each dog costs $800, and I paid a deposit of $300 for each, totaling $900. Despite not having a signed contract, there was a clear agreement between us. When the puppies reached seven weeks old, the breeder informed me... View More

James L. Arrasmith
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answered on May 14, 2025

That must feel incredibly frustrating—especially when you had every intention of following through and just needed a little more time. Even without a signed contract, if you have messages, receipts, or any other documentation of the agreement and deposit, that can still support your claim. The... View More

2 Answers | Asked in Criminal Law, Civil Litigation, Libel & Slander and Personal Injury for Michigan on
Q: Could light poke in faith conversation be considered assault?

I have a question regarding an incident involving my husband and a pastor. During a conversation about Christian faith, my husband lightly poked the pastor's chest while discussing beliefs, asking, "Do you believe in this?" The pastor then exclaimed assault, despite no intention of... View More

Tim Akpinar
Tim Akpinar
answered on May 10, 2025

A Michigan attorney could advise best, but your question remains open for a week. Your question straddles several categories. For the criminal law aspect, it would be advisable to reach out to a criminal defense attorney to discuss - especially since there have been charges filed, the statement... View More

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1 Answer | Asked in Public Benefits and Civil Litigation for Michigan on
Q: Do I need to report an automobile settlement to Social Security while on SSI?

I am currently receiving Supplemental Security Income (SSI). If I receive an automobile settlement related to a lawsuit, do I need to report this settlement to Social Security, even if I don't currently know the settlement amount?

James L. Arrasmith
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answered on May 15, 2025

Yes, you do need to report the settlement to Social Security, even if you don’t yet know the exact amount. SSI is a needs-based program, which means your income and resources can affect your eligibility and benefit amount. Any settlement—regardless of what it’s for—must be reported, because... View More

1 Answer | Asked in Civil Litigation and Contracts for Michigan on
Q: How can I retrieve my EE series bonds from my father in Michigan?

I currently have paper EE series bonds in my name located at my father's residence in Michigan; however, he is refusing to hand them over to me even though I am an adult. I've contacted him informally multiple times over the past month and a half, but he has either not responded, delayed,... View More

James L. Arrasmith
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answered on May 15, 2025

This situation is difficult and understandably emotional, but you do have legal rights if the EE bonds are in your name. As the named owner of the bonds, you are entitled to access and redeem them—even if someone else is physically holding them. Since you’ve already made informal attempts... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Michigan on
Q: Who reimburses for a forged and cashed check in Michigan?

If a check meant to repay a loan is forged and cashed by the bank, who is responsible for reimbursing the account owner? The forgery was reported to the bank within 90 days, and an investigation is pending. There are photos of the forged checks showing a non-authorized signature.

James L. Arrasmith
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answered on May 15, 2025

In Michigan, if a check is forged and cashed, the responsibility for reimbursement typically falls to the bank, as long as the account holder reports the forgery within a reasonable time frame, usually within 90 days. Since you've already reported the issue and provided evidence of the forged... View More

1 Answer | Asked in Civil Litigation and Business Law for Michigan on
Q: What does a notice of intent to dismiss for no progress mean in a financial case?

I received a notice of intent to dismiss for no progress in a case involving a financial company. Could you explain what this means and what steps I should take to address this situation?

James L. Arrasmith
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answered on May 15, 2025

A "notice of intent to dismiss for no progress" means that the court is considering dismissing your case because there has been little or no activity or progress in moving the case forward. This could happen if there have been delays in filing necessary documents, serving parties, or... View More

1 Answer | Asked in Employment Law and Civil Litigation for Michigan on
Q: What can I do about unpaid wages after layoff in MI from NY employer?

I reside in Michigan and work remotely for an employer in New York. I was laid off on 04/04/2025 and am owed 3 weeks' pay. My employer claims the delay is due to overdue invoices that clients haven’t paid. I've contacted my employer daily, receiving the same excuse about my unpaid... View More

James L. Arrasmith
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answered on May 15, 2025

Under Michigan law, your employer is required to pay you for all wages earned, regardless of their clients' overdue invoices. The delay in payment and lack of communication about your wages are violations of your legal rights. Even if your employer claims financial difficulties, this does not... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Michigan on
Q: Police raid without announcement or proper warrant leads to property damage.

When the police raided my home on 04/18/2025 at 1:35 PM, they did not announce their presence and used a battering ram to enter, even though the door was unlocked. They failed to show us a search warrant until they left, dropping it on the floor. The warrant described a single-level dwelling, but... View More

James L. Arrasmith
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answered on May 15, 2025

What you’ve described is deeply upsetting and raises serious questions about how the police handled the raid. In general, officers are required to knock and announce their presence unless a judge has granted a "no-knock" warrant, which must be specifically justified in the warrant... View More

1 Answer | Asked in Probate and Civil Litigation for Michigan on
Q: How can I legally retrieve my father's belongings from his sister in Michigan?

My father passed away while living with his sister, and I'm his next of kin. There was no will, but he was the beneficiary of my grandparents' will. His sister initially allowed me to access the property but now refuses due to personal conflicts, denying me access to possessions legally... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have legal rights as your father's next of kin, especially since there is no will. In Michigan, when someone dies intestate, their surviving children are typically the rightful heirs to their estate. That includes personal property like vehicles, tools, documents, and anything else not... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Michigan on
Q: Concerned about custody hearing after son's extended stay with father.

I have sole physical custody of my son, who went to stay with his father in Wisconsin for summer visitation in June 2024. Despite having joint custody, I was informed through a message from my son’s phone that he wished to stay longer, which I did not consent to. When he was supposed to return in... View More

James L. Arrasmith
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answered on Apr 16, 2025

You should focus your preparation on showing that you have continuously upheld your legal rights and responsibilities as the custodial parent, and that your son's extended stay was not with your consent. Bring all written communication, including messages from your son’s phone, texts with... View More

2 Answers | Asked in Business Law, Civil Litigation, White Collar Crime and Criminal Law for Michigan on
Q: Is it legal for a NFP CEO to transfer funds to their own for-profit without board approval in MI?

I am concerned about the legality of a transaction made by the CEO/President of a nonprofit organization in Michigan, who transferred $150,000 of the organization's funds to a for-profit company under their control. The purpose of the transfer is unknown, and there was no board approval for... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 14, 2025

The transaction is questionable. We would need to review the company's articles and bylaws to identify the steps necessary to authorize such a payment, and we would need to review documentation of the payment to assess compliance with the articles and bylaws. Another issue is whether this is... View More

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