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Michigan Civil Litigation Questions & Answers
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

0 Answers | Asked in Civil Litigation for Michigan on
Q: writing a dispute letter for credit card debt
0 Answers | Asked in Criminal Law, Child Support and Civil Litigation for Michigan on
Q: I am being harassed by a former partner

My former partner is harassing me by constantly trying to contact me, reaching out to co-workers and making false claims. I am in medicine and I have worked extremely hard for my reputation, I am afraid this will significantly affect my work. Wondering if you can help me work through options and... 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

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Michigan on
Q: Should I notify District Court of Circuit Court's dismissal without prejudice & my intent to re-file a late Appeal?

The District Court recently entered a Judgment against me, but I filed for Appeal before the Judgment was signed. The Judgment is now signed.

My appeal to Circuit Court of the District Court's decision recently got dismissed without prejudice for premature filing. They said to refile... View More

Dana B. Carron
Dana B. Carron
answered on Feb 9, 2024

When you refile in the lower court, just indicate somewhere in your filing that the higher court dismissed without prejudice to refile in the lower court, and include a copy of the higher court's order at that time.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Can I file a late appeal under MCR 7.105(G) as soon as I get the circuit court's signed dismissal without prejudice?

My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More

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

I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.

If this is an accurate read of...
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1 Answer | Asked in Civil Litigation for Michigan on
Q: In Michigan, I missed the six months deadline to appeal a civil case. Is there anything with in the judicial process tha

That allows to file beyond the six months

James L. Arrasmith
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answered on Jan 24, 2024

In Michigan, if you've missed the six-month deadline to appeal a civil case, options to file beyond this period are limited. Appeal deadlines are generally strictly enforced. However, in exceptional circumstances, the court may consider an extension or reopening the appeal period.... View More

1 Answer | Asked in Civil Litigation for Michigan on
Q: How may I search for a successful petition similar to my case?

Without knowing a case name/number, how may I find cases similar to mine?

James L. Arrasmith
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answered on Jan 22, 2024

To search for similar cases without a specific case name or number, you can utilize legal research databases like Westlaw, LexisNexis, or Google Scholar. These platforms allow you to search by keywords related to your case. Include relevant legal terms, statutes, or specific issues pertinent to... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Michigan on
Q: So when my dad passed away and he says we get 50% of whatever he has. We have to wait till my stepmother dies to get our

To get our inheritance.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 2, 2024

What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.

I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: I sold a house on a land contract. Buyer is 3 months behind on his payments, property taxes and water.

I took the buyer to court. Buyer was served a forfeiture notice. He did not show up and case was ruled in my favor (Failure to appear). Now the case is scheduled for a review. We do not have to go to court. Do I need to send the buyer or court anything? What will happen next?

James L. Arrasmith
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answered on Dec 25, 2023

Since the court already ruled in your favor due to the buyer's failure to appear, you may not need to send anything further to the buyer or the court for the review. Typically, after such a ruling, the court will proceed with the forfeiture process.

During the review, the court will...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Wrongful Death for Michigan on
Q: If a person sets a bait package on their porch and it is stolen, and the thieves are injured/died, can there be charges?

Let's say they use bees to put in the package. The package is stolen, and the those responsible open the package and are stung, one might have a severe allergic reaction, and cause an accident in which there are injuries and deaths, property damage as well as innocent injuries/deaths. Can the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2024

A Michigan attorney could advise best, but your question remains open for three weeks. Under common law doctrines that hold nationwide, someone could be charged, and liability could arise for doing something like that. But to get a definitive position specific to your jurisdiction's penal... View More

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