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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Admiralty / Maritime, Civil Litigation and Civil Rights for Michigan on
Q: Is there a federal rule or code which prevents altering a settlement agreement that was put on record?

I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement,... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional "legalise" that make it all work. Unless you can show a... Read more »

0 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Health Care Law for Michigan on
Q: In 2019 and 2020 I was met with bias I believe when giving birth to my children Hutzel Women's Hospital in Detroit, MI.

I was first accused of being a young child in 2019 whe I was actually 23 about to be 24 yrs old. The nurse even said I could kill my baby because I had diabetes. Not gasterial diabetes just diabetes in general since I was 16 yrs old. Then a nurse came asking if I wanted to be put on birth control... Read more »

0 Answers | Asked in Civil Litigation for Michigan on
Q: I have filed, with the courts, A "Motion and Affidavit for Installment Payments". I was granted. I made all payments

I have made all payments due, each month. I have the Plaintiff's Attorney, under a different name but the same case number, still taking money in a form of garnishment. I had asked my employers to stop that garnishment when they also discovered it was the same case number. Now, that attorney... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for Michigan on
Q: How can I locate attorneys who have sued in civil court against government agencies in a specific city or county?

specifically tort law

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2023

A Michigan attorney could advise best, but your question remains open for three weeks. It might be difficult to find what you describe - attorneys who sue in specific counties. Most law firms don't hold themselves out for the counties or districts they sue in. Instead, they hold themselves out... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Municipal Law and Land Use & Zoning for Michigan on
Q: Can I legally move (via tow-truck / paid service) another person's car from my property?

Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2023

IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.

Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t...
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2 Answers | Asked in Business Formation, Business Law, Cannabis & Marijuana Law and Civil Litigation for Michigan on
Q: Hello I had somebody give me money to start a business that never got off the ground.

Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... Read more »

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 6, 2023

Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement.

The other...
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1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How to get help with child birth costs? FOC won't help because bills are 3 years old. How can I get dad to help pay?

Custody order does state dad's responsible for 50% of these. I didn't know I owed the hospital $20,000 until recently and FOC only enforces health care cost reimbursement if bills are less than a year old. Bills are 3 years old. Can I still get help paying these and if so how?

Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

Probably not unless you can work out an understanding with him.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Where can I find an attorney with general civil experience that will answer my questions for an hourly rate.

I dont need them to file anything or show up to court. I just need them to answer my questions.

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. You could reach out to law firms to discuss. Some litigation firms might be reluctant to advise in a setting where another party is at the helm of a very large litigation. Some could be concerned about a... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: Does a Motion for Summary Judgement/Disposition replace a response to a complaint in a General Civil case? Default?

Is this a default if they did not also file a responsive plea? it has been over 90 days

Brent T. Geers
Brent T. Geers
answered on Dec 29, 2022

It can in some cases, depending on the issue(s) presented. And note that it's the plaintiff's burden to keep the case moving in that 90 day window you reference, otherwise the court may dismiss the case for lack of progress.

It sounds like you, or perhaps both parties, are...
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1 Answer | Asked in Civil Litigation for Michigan on
Q: If the finance company helps a cosigner take my car even though I haven't missed any payments leagl

She never even was given a set of keys to the vehicle I never was late nir missed a payment in 13 months and one day woke up to car missing the place denied everything

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2022

How do you know the finance company had anything to do with this?

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can Zelle payments be used as evidence in small claims court
Brent T. Geers
Brent T. Geers
answered on Dec 5, 2022

Yes.

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can a dealer sell me a vehicle with undisclosed frame damage.

Dealer is in Iowa in in michigan. They claim to not have known of the damage but will only pay $800 if the $1800 repair bill. It they will pay me for the whole truck and pay to ship it back

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

Caveat emptor - let the buyer beware! Likely, you purchased this car "as-is". Unless the dealership warranted this vehicle, or expressly stated there is no frame damage, you are effectively at their mercy.

It's a bit of a math problem for you now: if you keep it and repair...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Had PA with a stipulation window would be fix by closing. Seller didn’t fix by closing & relist house. Do I have a case?

I am a novice real estate investor. The stated closing date in the purchase agreement was October 3rd. The house had a broken front window. I had an addendum stating the window would be fix by closing. The window wasn’t fixed until October 14th. I told the agent that I wanted to close on November... Read more »

David Soble
PREMIUM
David Soble
answered on Oct 18, 2022

You may have an action against the seller if the addendum is detailed and signed by both parties. If the window repair is required and they failed perform, then it seems that they are breaching the contract. Still, A real estate attorney would need to review your purchase offer before pressing your... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Do I have to go to a deposition if I didn’t receive a court ordered subpoena?

I won but my exhusband is suing me for his attorney fees in a civil case. I don’t have an attorney because I don’t have enough money for a retainer fee and legal aid said they don’t have the funding for my kind of case.

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 15, 2022

If you have been sued you MUST defend against the case or there will be a 'default' entered against you.

The facts you state here don't make sense. If the case is over ('you won') there wouldn't be the need for you to attend any deposition (If you lost there...
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1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: My gf's parents claimed her as special needs dependent and she doesnt want to be claimed. How does she get out of it?

She has hydrocephalus and mild cerebral palsy. She doesn't wanna be around her racist stepdad and her mother isn't helping 50% because of her unapproval for me and 50% because she has debilitating back issues. Her aunt and uncle agrees with me and her but don't wanna overstep the... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2022

How old is your girlfriend? I'm not sure one issue has much to do with the other; one's a tax issue and the other is a relationship issue.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can a plaintiff use duress if they signed a workers compensation settlement based on a government agency negligence

Plantiff signed a contract because a government agency did a faulty investigation. Can Plantiff use duress to void the contract?

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Unlikely. Plaintiff had an opportunity to challenge the investigation before entering into the settlement.

1 Answer | Asked in Civil Litigation, Education Law, Personal Injury and Civil Rights for Michigan on
Q: Is there case law on the responsibilities of teaching staff during a fire?

Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2022

A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Is a sole proprietor buisness vaunerable in a devorse
Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Yes.

2 Answers | Asked in Car Accidents and Civil Litigation for Michigan on
Q: The neighbors dead tree fell on my daughters car completely destroying her sunroof and back window. Not from a storm

There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.

David Soble
PREMIUM
David Soble
answered on Sep 6, 2022

It is probably best that you file a claim with your insurance company (auto or home) and then let the insurance company through subrogation, substitute in to bring the claim against your neighbor if warranted. Try that first.

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