Someone hacked my Bank of America account and fraudulently transferred $9,800 from my checking account to Mercedes Benz Financial Services in Illinois. Also, the hacker did a balance transfer using my Bank of America credit card for $5,200 at the same time, IP address, city and state. I contacted... View More 
answered on Nov 14, 2023
Yes, there is a time limit to file a lawsuit. The exact time limit will depend on what causes of action you state (e.g., which consumer protection laws you invoke). It would be rare for the time limit to be less than a year, but acting sooner is always better.
Five cottages which all used to be rentals until 1967 are only buildings hooked to the well house building which has its own address and bills come to me. A neighbor bought a cottage next door to it (which is not hooked up to the well house), yet wants access to it. He says building is on his... View More
answered on Nov 7, 2023
You need a local real estate attorney to review all the facts and provide you advice. That is not something that can be provided in a forum like this.
Seriously — this is FAR more complicated than can be accommodated in a public forum. You need to hire an attorney!
answered on Oct 20, 2023
Generally speaking, 'Yes' provided that an estate for the decedent is opened and the personal representative of the estate decides to pursue or continue the lawsuit.
Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More
answered on Sep 12, 2023
You need a lawyer; and you likely needed a lawyer months ago.
As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.
You have a... View More
Their attorney claims a Statute of limitation of three years as tort, but I believe it's six years because they immediately adopted part of the cats therefore should be Statutory Conversion. Could you clarify this for me?
answered on Aug 12, 2023
The governing statute of limitation is for the claim made, not what it could be. Typically, in civil matters, you can make alternative claims. Each claim, though, would be subject to its applicable statute of limitations. Hopefully you are engaged with an attorney who knows this, as you can easily... View More
Wants me to replace her glasses for $185.
Her husband is the one who sent me the message. And states if I don't contact him by 5pm he's going to have to file a lawsuit
I haven't admitted to anything nor have I contacted him back
answered on Aug 3, 2023
For $185!? He's going to spend more than that filing a law suit.
How you move about this depends on how much you value the relationship with your friend. Although it sounds like maybe her husband is more of a problem here.
If it were me, I would be inclined not to let money... View More
My vehicle was totaled (Not at fault) due to an accident in Michigan. My vehicle is 100% paid off and I did not have collision coverage as part of my auto insurance. Can I file a Mini Tort or Small Claims for the book value of my vehicle at the time of the accident?
Since I do not have... View More
It's hard to explain in detail, but there is a process that is to be used when dealing with individuals who had suffered a Traumatic brain injury to allow the due process of that individual. The judge in the divorce case stated on record that he was aware of the injuries, but failed to apply... View More
answered on Jul 21, 2023
What relief are you seeking? If this was a divorce without kids, then the issue is equitable division of assets and debts. Did you settle and are now unhappy with that settlement? Or was there a trial?
Recently I went online pretending to be the vice governor, I made up a name the person I used is not real, it's all a joke and I would never give out potentially dangerous information, I just want to know is this legal, can I get arrested
answered on Jul 25, 2023
A Michigan attorney could advise best, but your question remains open for four weeks. A criminal attorney should advise on this, to prevent any violation of laws involving impersonation or related crimes. Good luck
answered on Jun 12, 2023
If what you said is true, you could file a motion to set aside the judgment and request a new trial. But it would most likely be within the discretion of the court whether to grant your motion. You would most likely need to identify one or more legal errors that affected the outcome, and facts to... View More
Are there any case law for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?
answered on May 26, 2023
Good question. These items that you wish to have, such as a non-compete or a non-circumvention agreement, are documents that should really be agreed to up front at the time you and your partner did your initial business deal - so PRIOR to the actual dissolution of a company and not during a... View More
Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... View More
answered on May 9, 2023
Being on the mortgage and being on a deed are two different things. If your name is on the deed, then I think you can be reasonably assured of not losing the home to your sister.
As to the mortgage itself, if your name is already on the mortgage, I'm not sure there is anything you need... View More
Renter paid monthly rent of 500$.. lived in home with buyer at time of death
answered on Apr 8, 2023
The buyer’s estate steps into the shoes of the buyer.
The ‘rights’ of the lessee depend on his relationship to the estate.
This is a FAR more complicated and fact dependent situation than can be discussed cogently in a forum like this.
You NEED to consult with a... View More
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,... View More
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... View More
specifically tort law
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... View More
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... View More
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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?
answered on Jan 3, 2023
Probably not unless you can work out an understanding with him.
I dont need them to file anything or show up to court. I just need them to answer my questions.
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... View More
Is this a default if they did not also file a responsive plea? it has been over 90 days
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... View More
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.
