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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for Michigan on
Q: I am filling out a petition regarding impoundment of a motor vehicle, I am wondering who the respondent should be?

My car was towed when I was on a trip to visit my mom out of state. The parking lot in my apartment complex was getting re-paved so they towed it… without notifying me that the lot was going to be under construction. All the did was put a paper on my car but I was out of state… there was no way... View More

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2024

You could list all except perhaps the Secretary of State...I'm not sure what liability they have here. Ordinarily, a private property owner contracts with a towing company for any vehicle parked without permission. Property owner calls the towing company, or the towing company otherwise shows... View More

0 Answers | Asked in Civil Litigation, Gov & Administrative Law and Government Contracts for Michigan on
Q: I HAVE PROOF AND THE LIBRARIAN AT KALAMAZOO PUBLIC LIBRARY CAN VERIFY THAT SOMEONE HAS BEEN USING AN IMSI CATCHER TO PRE

I HAVE TRIED SUBMITTING SILENT OBSERVER TIPS FROM THE KALAMAZOO PUBLIC LIBRARY ROSE STREET AND THEY WOULD NOT SUBMIT, THATS ONLY THE TIP OF THE STORY BUT I AM ABOUT OUT OF TIME ON THIS COMPUTER. THE LIBRARIAN ALSO TRIED TO HELP ME SUBMIT A TIP AND THEY COULD NOT GET IT TO GO THRU, IS THERE A REAL... View More

0 Answers | Asked in Criminal Law, Personal Injury, Antitrust and Civil Litigation for Michigan on
Q: HOW CAN THE ENTIRE 8TH DISTRICT COURT HOUSE KNOW MY STORY AND OFFER NO HELP?

I HAVE HAD THE KALAMAZOO PUBLIC SAFETY USE AN IMSI CATCHER TO PREVENT ME FROM CONTACTING EMERGENCY HELP AND I HAVE ADVISED THEM ALL THEY ARE UNDER CITIZENS ARREST AND THEY NEED TO CONTACT THE MICHIGAN STATE POLICE AS I HAVE WITNESSED ALL OF THEM IN THE COMMISSION OF FELONIES. THEY REFUSE TO COMPLY... View More

Q: How to file a motion to dismiss against adverse possession case?

Hello,

I recently was served a lawsuit for adverse possession of my property. Thing is we clearly have enough evidence proving the plaintiff has no case (or so I believe). They claim they and their past relatives have been maintaining the property line for the last 15 years as hostile,... View More

0 Answers | Asked in Business Law, Civil Litigation and Contracts for Michigan on
Q: I bought a car and was financed through credit acceptance.

I was financed through credit acceptance on a vehicle purchase. I got behind the payments and then the company credit acceptance told me that they had repossessed the vehicle and that I had to pay so many payments to get it out of repossession after three weeks of paying my payments, I called them... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: I was assaulted by the same person I filed charges on a year ago but the city I attempted to file them in did nothing

As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?

Brent T. Geers
Brent T. Geers
answered on Jul 15, 2024

I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More

1 Answer | Asked in Civil Litigation and Contracts for Michigan on
Q: HOW DO I FIND MICHIGAN CASE LAW FROM 2018
Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

Lots of places - some better than others. Justia, Google Scholar, and a host of other sources are freely available online. Your local library may also have free access to Westlaw or Lexis Nexis.

1 Answer | Asked in Personal Injury, Products Liability, Workers' Compensation and Civil Litigation for Michigan on
Q: I am a highly experienced RN, BSN with 30y experience. How can find work as a LNC?

I have worked in multiple areas of healthcare, including Acute and Long-term care.

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2024

This could be something that career counselors would know better than attorneys would. You could look into the forums or help resources of job sites. Also, recruiters who work in the health care field might be able to offer guidance. Good luck

1 Answer | Asked in Civil Litigation and Social Security for Michigan on
Q: Claimant retired at 48 with 120+ work credits. What qualifies as permanent fully insured & does it ever expire?

Claimant worked 30 yrs as a skills trade journeymen & retired in Aug 2008 at age 48. In Nov 2008, claimant was admitted for heart failure & received a heart implant Feb 2009. Claimant tried limited subcontracting for his wife's company, but applied for SSDI Nov 2014 under medical... View More

James L. Arrasmith
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answered on Jun 15, 2024

To be permanently fully insured for Social Security Disability Insurance (SSDI), the claimant must have earned a sufficient number of work credits, which he did by working 30 years. However, SSDI eligibility also depends on whether the claimant is still insured on the date they become disabled. In... View More

1 Answer | Asked in Civil Litigation for Michigan on
Q: I just received a summons but is past the allotted days to respond. And it was a photocopy What do I do?
Brent T. Geers
Brent T. Geers
answered on Jun 14, 2024

Contact the plaintiff's attorney and file an answer.

1 Answer | Asked in Civil Litigation and Personal Injury for Michigan on
Q: I tripped on a public sidewalk that's all destroyed. I usually don't walk what should I do now? I'm injured.
Tim Akpinar
Tim Akpinar
answered on Jun 11, 2024

A Michigan attorney could advise best, but you posted last week, and time may be of the essence in your matter. This is because it's possible your case could involve of notice of claim requirements, if it involves a public setting (which seems to be the case from your description). A Michigan... View More

1 Answer | Asked in Civil Litigation for Michigan on
Q: How may a Pro Se' litigant request the statute of limitation to be tolled due distress and fraud?

Where fraud carries a six year statute of limitation, but there's a 180 day statute to bring an action for FOIA violations. May a claim for fraudulent misrepresentations, continuous lack of transparency regarding FOIA responses, spanning the entire six year period be brought? Thanks.

Brent T. Geers
Brent T. Geers
answered on May 15, 2024

You cannot request that a statute of limitations be tolled. You can submit a motion (and brief) arguing that the statute of limitations should be tolled for particular reasons found in this case. The judge would determine whether your argument and supporting facts meet the legal standard to toll... View More

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

James L. Arrasmith
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answered on Apr 17, 2024

In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.

Given the...
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1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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2 Answers | Asked in Civil Litigation, Contracts and Civil Rights for Michigan on
Q: Constitutional laws the right to contract or not to contract

Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge

James L. Arrasmith
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answered on Apr 7, 2024

This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:

The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment...
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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: I want to sue my husbands ex wife and sisters for attacking me in 2018 when I was 5 weeks pregnant. He has autism

I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More

James L. Arrasmith
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answered on Mar 28, 2024

In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Voice prints are like finger prints, and I have and I am recording, if anyone would like to review my recordings in I

I would be more than happy to let someone review my recordings and determine if they believe I have the grounds for a civil lawsuit or any other type of lawsuit.

James L. Arrasmith
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answered on Mar 8, 2024

It's important to understand that voice prints, much like fingerprints, can be unique identifiers and may be used in various legal contexts. If you believe your recordings have captured evidence that could support a civil lawsuit or any other legal action, carefully preserving these recordings... View More

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1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Do I file an injunction or writ of mandamus to compel the funeral director to correct a death certificate?

The parents and decedent's names aren't valid neither is the address of the decedent. It's been 5 years and they will not provide me with a valid death certificate. I contacted The Department of Licensing and Regulatory Affairs in Michigan thus far the investigator isn't being transparent.

Thanks.

James L. Arrasmith
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answered on Feb 26, 2024

In addressing the issue of incorrect information on a death certificate, determining whether to file an injunction or a writ of mandamus depends on the specific actions you wish to compel from the funeral director. A writ of mandamus is typically used to order a government official or entity to... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Michigan on
Q: IF THE STAFF LETS A GUEST VIOLATE MY RIGHTS CAN I SUE THAT STAFF MEMBER? In a homeless shelter?

If I am a guest at an overnight shelter and the staff let's my rights be violated can I sue that staff member?

James L. Arrasmith
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answered on Feb 24, 2024

Whether you can sue a staff member at a homeless shelter for allowing your rights to be violated depends on various factors, including the nature of the violation, the staff member's actions or negligence, and applicable laws and regulations. In general, staff at homeless shelters have a duty... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Michigan on
Q: I need someone to get the surveillance video from Kalamazoo gospel mission because is letting my rights be violated bad.

THE STAFF AT THE KALAMAZOO GOSPEL MISSION NEEDS TO BE FIRED. THIS MENTALLY HANDICAP MAN JUST LAID DOWN NEXT TO ME AND IS THREATENING ME AND THE STAFF KNOWS AND WILL DO NOTHING. I WOULD LIKE TO FILE A LAWSUIT AGAINST THE MISSION AND ONCE WE GET THE VIDEO FROM THE PAST MONTH AND A HALF YOU WILL... View More

James L. Arrasmith
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answered on Feb 24, 2024

If you believe your rights are being violated at the Kalamazoo Gospel Mission, it's important to take appropriate steps to address the situation. Start by documenting the incidents and gathering any evidence, such as witness statements or written records of the events. Consider reaching out to... View More

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