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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Hi, what evidence do you need to prove a contract in small claims court? Will texts and emails be sufficient? Thx

I recently bought a condo and the seller agreed to share some repair costs with me. It was supposed to be done before we closed, which is why we don’t have anything signed but she got really sick at the end and didn’t get it taken care of fully. Only 2 things fixed vs 4 on the list. I tried to... Read more »

Trent Harris
Trent Harris
answered on Apr 20, 2022

Enough? Anything's possible I guess. The fact that your evidence is mostly emails and texts doesn't dictate whether you have a winning case or not. There are ways to get those into evidence, so the trier of fact can weigh it. But keep in mind evidence is not proof.

Think if it...
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1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Michigan on
Q: What can i do if my former apartment forwards a false debt to a collection company?

My former apartment claimed that we did not give notice before moving out, and forwarded a $1700 debt to a collections agency, though we did give notice. Aside from the fact that we did give notice (we got the form from the management office), it says NOTHING about a charge for not giving notice in... Read more »

Adam Alexander
Adam Alexander
answered on Apr 13, 2022

I suggest you first send a certified letter, both to the apartment and to the debt collector. The letter should clearly deny the alleged debt and explain in detail why you don't owe the debt. Importantly, the letter should also request how they calculated the $1,700 and what clause in the... Read more »

1 Answer | Asked in Contracts, Family Law, Land Use & Zoning and Landlord - Tenant for Michigan on
Q: Can I trespass someone from someone else's property with their permission?

For example, an uncle of mine owns a home near me in Michigan, but now lives in Kentucky. He allows his brother to stay in the house as long as he follows set rules. One of them is that he can't have his homeless friends hang over and stay the night. With him in Kentucky, it's hard to... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 8, 2022

Your uncle could appoint you as his agent, giving you authority to act on his behalf. This does not necessarily need to be in writing, but under some circumstances, you might want to have it in writing. I don't know what it means to "trespass the undesirables from his property", so... Read more »

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Michigan on
Q: How to get your title back from a bail bonds men?

Son got in trouble on July 20 2018 they did not have enough cash for bond so they gave title of a 2001 dodge ram 1500 to bonds men they bailed him out. Nov. 2018 son was sentenced for 3 years in prison, son got paroled to my house on Nov. 2021, end of Feb. Son decided to sell truck couldn't... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2022

Apply for lost title with the secretary of state.

1 Answer | Asked in Contracts and Banking for Michigan on
Q: How does one prevent someone in the family from opening a credit card, bank account, debit card, etc?

what do you need to make sure a person (above 18 in your family) can not open a credit card, bank account, debit card or any other financial instrument so that they can spend/buy things?

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

You can't prevent someone over 18 from doing any of those things in their own name unless you happen to have legal guardianship over them. It does not matter if they are your own biological children. Once they are 18, you have no legal right OR responsibility for them.

2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: My son and I are paying for a house on land contract. I had to provide a Collateral house for first two years of the LC

We paid 2 yrs of payments. Now it is time 51% Collateral owner to release Collateral property but only if we draw up new deed reverting property to us and any expenses incurred. Is acceptable for 51% Owner to hold our property bcus we wont drawn up docs and bear expenses

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

What does your contract say? What is ‘acceptable’ is largely dependent on what you agreed to and without seeing the documents it is impossible to say for sure.

You need to run mot walk to a local attorney who can review the documents and provide you real advice on this. You should...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Michigan on
Q: How do I object to a writ of garnishment? I received a notice from my employer on 3/2/22 from a 4 year old judgment.

On 03/02 I got an email from work with a "writ of garnishment" dated 02/08/22.I was not properly served from the creditor. The writ states "plaintiff received judgement against defendant for $6,875 on Feb 01 2018. The plaintiff is Credit acceptance corp. However, I was never served... Read more »

Adam Alexander
Adam Alexander
answered on Mar 9, 2022

There is a form that allows you to object to garnishments. Just Google "objection to garnishment Michigan". However there are only 5 permitted objections and one "catch all" objection.

1. the funds or property are exempt (protected) from garnishment by law.

2....
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1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Michigan on
Q: in Michigan, own a retail business. Strong winds blew open my door and damaged it and landlord won't repair. Is he righ

Winds blew it open, broke the top seal and bent the metal bar. He claims in the lease the exterior walls and roof, and structural maintenance, repair and replacement of the building and its foundation and that it doesn't include the door.

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 24, 2022

It probably depends upon the wording of the lease. The leases that I prepare for a particular landlord typically provide that the door, which generally requires more maintenance than the non-moving parts of the building, is the tenant's responsibility.

1 Answer | Asked in Contracts for Michigan on
Q: i need to get a general release retraced that I was forced to sign due to the neglect my apt making me homeless

I was left homeless during the beginning of the covid paying rent and utilies/water off of my disability check,,,living in my truck and using gas station bathrooms while in a manic and trumatic stress

Brent T. Geers
Brent T. Geers
answered on Jan 31, 2022

I'm not sure you will be able to do so. While I can appreciate the circumstances you found yourself in, when you sign a general release, you're pretty much stuck with it. Think of it this way: if it were easy to get out of those releases, there would be no point in signing them.

3 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Sis doesn't want house she & boyfriend bought. BF says he won't pay mortgage. They used her credit. She can't afford.

Sister and her boyfriend bought a house last year. He has been drunk all the time and mean to her and my nephew and she wants to sell the house to move home and take care of sick mom. He's paying the mortgage but they used her credit. He won't sell and says he'll stop paying the... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2022

I take it the boyfriend's name is also on the deed? There's only three ways to proceed: 1) get him to agree to take the house and refinance the mortgage into his name; 2) get him to agree to just sell the house and split the proceeds, or 3) petition the court for an order to sell the... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Michigan on
Q: I was emotionally harassed by an advisor for sending emails and asking too many questions.

I was looking for options I can have to change my minor. But during the advising meeting I was denied to ask questions and they said they do not care what I choose. I was denied to ask any further questions on the topic and was insulting experience for not knowing what to do even as an... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2022

What is your question? It sounds like your best course of action would be to address this issue with your university. Perhaps to the head academic advisor or to a dean of students. Many universities also have departments and deans specific to international students.

1 Answer | Asked in Contracts and Personal Injury for Michigan on
Q: How can I create a DPOA for someone who is mentally incapacitated in Michigan?
Brent T. Geers
Brent T. Geers
answered on Jan 16, 2022

You can't create a DPOA for someone who is now incapacitated. These documents require capacity (e.g. knowing what you are doing and signing). Once incapacitated, you'll need to look into a guardianship.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: If I break my 1 year lease agreement with 4 months remaining and my landlord decides to move back into the home,

Is it considered subleasing? Would I still be held reliable to pay the remaining months rent?

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 30, 2021

If the place is immediately 're-rented' likely no, you won't owe additional.

You may be liable for 'damages' but if there were no damages ....

HOWEVER, before relying on this it would be wise to have a local lawyer review your lease and all the facts to...
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1 Answer | Asked in Contracts and Social Security for Michigan on
Q: Can you get a background check without a SS #?

I want my church to do the background check but I don’t want to give them my Social Security number. Can they do a background check without me giving them my SS #?

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2021

Depends on what type of background check they want to do. You may, of course, decline to give your SS#; the church may then elect not to do the background check or offer you the position you are seeking.

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for Michigan on
Q: Do I need to hire an attorney? How can I get a copy of my purchase contract?

I purchased my manufactured home on 3/9/2009 and because I purchased it brand new my community had a lifetime promotion they wrote in my purchase contract that I will receive $100 off rent for lifetime. I cannot find my purchase contract paperwork so I went to the office and the manager stated... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 17, 2021

I'm unsure what an attorney can do for you. It would not be filed with any government entity, and so if the management no longer has a copy, and you can't find yours, you may be stuck.

Since others are having the same issue, and management appears willing to acknowledge they did...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Products Liability for Michigan on
Q: Ok, my mom sold for Paparazzi Jewelry, under the guise of it being hypoallergenic, as well as nickle AND lead free;

She found out that it was a lie. They had nickle AND lead, and some have reported the lead is toxic. Now, I know MLMs are extremely hard to catch, but they tout these jewels, necklaces, bracelts, etc as LEAD AND NICKLE free to ALL consultants, AND customers. Is there ANYTHING my mom can do to sue... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 29, 2021

This sounds like a breach-of-contract claim. The devil is in the details, and there are more details than I can list in this format. Who would be the defendant? Is there a written warranty by the seller regarding the merchandise? Where is the defendant? Is there jurisdiction here in Michigan?... Read more »

1 Answer | Asked in Contracts for Michigan on
Q: Loaned tools out for a home improvement job job is done now home owners will not give me back my tools
Thomas. R. Morris
Thomas. R. Morris
answered on Nov 23, 2021

It appears from the facts you have written that you were entitled to your tools back. Were you to file suit in court, it would be called a claim and delivery complaint. I hope that helps you. The problem is the cost of filing and prosecuting a lawsuit.

1 Answer | Asked in Contracts for Michigan on
Q: How can I get my things from a contractor who has them ?

He took them to be cleaned from mold. Now won't give back unless I pay him more money for job not done

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 16, 2021

The contractor appears to be asserting a mechanic's lien, which is a possessory lien on goods that were worked on. The contractor would have a lien on the goods to secure payment of work done on the goods. You apparently dispute the value or scope of the services. You can sue the... Read more »

2 Answers | Asked in Contracts, Small Claims and Real Estate Law for Michigan on
Q: Seller was suppose to make a repair before closing but failed to do so, can I take them to small claims court?

My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with... Read more »

Adam Alexander
Adam Alexander
answered on Oct 29, 2021

Initially, I suggest you write a letter to the seller and copy the agent. The letter should point out the defects and make a specific demand for reimbursement. After they ignore or reject your demand, you may then consider legal action. However, since you did not point out the defects during the... Read more »

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1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: Sub-contractor billing me for more than verbal quoted price

Sub-contractor gave a verbal price which I agreed too but told him to send me a written estimate. He went ahead and did the job without sending a written estimate. The invoice he sent is way more. I refused to pay and now he has an attorney threating a lien against the homeowner and lawsuit... Read more »

Frederick A. Lurie
PREMIUM
Frederick A. Lurie
answered on Oct 15, 2021

Next time get it in writing. Ask for time and material records to see if the records come close in value to the sub's claim.

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