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Michigan Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Michigan on
Q: Is groping someone while you’re sleeping assault? You have no recollection of doing it/they didn’t wake you up or stop u

They couple is dating

Brent T. Geers
Brent T. Geers
answered on Nov 12, 2024

Absolutely can. Big question of fact as to how a jury would see this, but if the prosecution can show the touching was not accidental, and that it was for some sexual purpose / gratification, it could lead to a conviction. Doesn't really matter if the accused recalls it, or if the victim... View More

1 Answer | Asked in Uncategorized for Michigan on
Q: Paid full for Invisalign, moved abroad mid-treatment. Incomplete records, no trays provided. Can I seek compensation?

I started my treatment in 2020, paying $8700 for the entire process. After my first doctor fell ill and left, a second doctor took over. I transitioned to Invisalign in 2023, due to nickel allergies. In June 2024, I informed the new doctor that I was moving abroad. We discussed continuing my... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry to hear about the challenges you're facing with your Invisalign treatment. Since you paid for the entire process but didn’t receive all the necessary trays, you may have grounds to seek compensation.

First, review your treatment agreement to understand the obligations...
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2 Answers | Asked in Uncategorized for Michigan on
Q: When a Mrs. is used on a document for an unmarried individual is the document legally binding?

The person in question has been divorced for 40 plus years. Could this be considered an identity scheme?

Brent T. Geers
Brent T. Geers
answered on Oct 28, 2024

Yes it is legally binding, particularly if the person in question signed it. "Scribner's errors", such as slight misspellings or improper titles or pronouns alone will not nullify a document.

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1 Answer | Asked in Uncategorized for Michigan on
Q: Bought a puppy, said sister can have if she cares for it (vet) and pays me back. She’s done none of it.Who is the owner?

Bought a puppy, told sister she can take ownership if she pays me back and gets him vetted and she has done none of that. I have paid all the bills, paid for the vet, got him microchipped in my name. He resides in my home. I pay for his food. She’s saying she isn’t paying me anything back but... View More

James L. Arrasmith
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answered on Oct 16, 2024

Based on what you've described, you are likely the legal owner of the puppy. You purchased the dog, covered all initial expenses, had it microchipped in your name, and provided the primary care and residence. These actions establish your ownership and responsibility for the puppy.

Your...
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1 Answer | Asked in Uncategorized for Michigan on
Q: Hi if I was an ambassador for a company and in a private group chat complained with other ambassadors csn I be in legal

Hi. If I was an ambassador for a company where I made 5% on sales, and I made a group chat on Facebook with other ambassadors where we spoke about frustrations on something they did that hindered our sales (they had offered a free item with the purchase of two jars of product, but you could not use... View More

James L. Arrasmith
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answered on Oct 10, 2024

You might face legal issues depending on the content shared in the group chat and any agreements you have with the company. If you followed any confidentiality agreements or company policies, discussing frustrations could potentially violate those terms. However, since you didn't participate... View More

1 Answer | Asked in Uncategorized for Michigan on
Q: Okay last year I filled out for FMLA for my father they told me I was denied but never gave me denial papers so this so

So last month my father had to have heart surgery I got the paperwork again got it filled out by his heart doctor and now they're telling me that he needs to fill out more

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you’re dealing with some frustrating situations around your FMLA application. If your father had heart surgery and you’re responsible for his care, it’s important to ensure all paperwork is filled out completely and accurately. Since you were previously denied but didn’t... View More

2 Answers | Asked in Uncategorized for Michigan on
Q: How can I obtain personal items of a deceased loved one that lived with a roommate and was not at the lease at the time

My sister passed away. Before she passed she was living with a roommate and she was not on the lease of the time of her passing. There are many personal items including family heirlooms in the apartment that she was living. Her roommate will not allow family members inside the apartment to gather... View More

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2024

You will likely need to open a probate estate to have any legal standing to do anything. The best and most efficient way seems to be what you already tried: reason with the roomate.

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1 Answer | Asked in Uncategorized for Michigan on
Q: How can I get my deceased loved ones belongings from an apartment that they were not on the lease

My sister passed away. She lived with a roommate and she was not on the lease at the time of her passing. All of her belongings including many family heirlooms are in that apartment and her roommate will not let any of the family members retrieve those items. What can I do

James L. Arrasmith
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answered on Sep 25, 2024

I'm sorry to hear about your loss. In this situation, you may need to take some legal steps to recover your sister’s belongings. Since she wasn’t on the lease, her roommate technically has possession of the apartment, which may complicate things. However, you have a right to her personal... View More

1 Answer | Asked in Uncategorized for Michigan on
Q: If I authorized a flight at one price, but the site came back and raised the price, am I still liable to pay?
James L. Arrasmith
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answered on Sep 18, 2024

If you authorized a flight at a specific price and the site later increased the price without your consent, you are generally not obligated to pay the higher price. Your agreement was based on the original offer, and a price change after the fact can be considered a violation of the terms you... View More

2 Answers | Asked in Uncategorized for Michigan on
Q: How can make the people in charge of the shelter be accountable for there diligence?

I am currently at a shelter I've been here for a year there's a couple other families been here for 2 years they don't help us try to get housing or anything for us to look for jobs applies they have black mold cockroaches bad filter in the water fountain they the employees treat... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2024

Without knowing more about the shelter, it's hard to say what diligence is owed to you.

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1 Answer | Asked in Uncategorized for Michigan on
Q: Can I sue employees of a federal credit union for malfeasance (accounting errors)? Leading to mortgage fraud?

MLO/Specialist III created financial hardships to us through malfeasance in 2021. When I provided proofs of her errors and malfeasance, I requested she correct the errors immediately (24 hrs) by government rules and regulations concerning the handling of our accounts. Once receiving the proofs from... View More

James L. Arrasmith
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answered on Sep 14, 2024

It sounds like you are dealing with a very challenging situation involving serious allegations of misconduct by employees at a federal credit union. If you believe that malfeasance, including accounting errors that led to mortgage fraud, has occurred, you may have grounds to take legal action.... View More

1 Answer | Asked in Uncategorized for Michigan on
Q: Should I file a harassment case on a family member for signing me up for the military, and making false police reports?

Shes my 40 year old aunt from Texas and I'm 17 years old in michigan and she is sending the police over here because she think she's going to get me removed when both of my grandparents said otherwise. Also she has setup multiple recruitment appointments for all different branches of the... View More

James L. Arrasmith
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answered on Sep 14, 2024

It sounds like you're dealing with a very difficult and distressing situation. Filing a harassment case may be an option, especially if your aunt's actions are causing you significant emotional distress, unwanted attention, and legal complications. You can contact a legal professional or... View More

1 Answer | Asked in Uncategorized for Michigan on
Q: Is it legal to add names to a piece of property to persuade a vote?
Brent T. Geers
Brent T. Geers
answered on Jul 15, 2024

Your question is too vague to answer effectively. Are you talking political elections or a vote among owners?

1 Answer | Asked in Uncategorized for Michigan on
Q: Does Michigan FOIA violate the First Amendment when dates are redacted?

"The language of Michigan FOIA authorizes, but does not require non-disclosure of public records falling within a FOIA exemption, is clear and unambiguous."

"The First Amendment prevents the government from blocking access to certain information. This prohibition takes two... View More

Brent T. Geers
Brent T. Geers
answered on Jun 28, 2024

In short: no. Constitutional rights are protected by tests that weigh legitimate government interest. There are a number of exceptions that could allow government (e.g., the police) to redact information such as dates or names.

1 Answer | Asked in Uncategorized for Michigan on
Q: How may a complaint be well-pleaded without making a legal argument?

The court form state "do not make legal arguments." Without making a legal argument how does someone show how they were injured and prevail i.e. acted in bad faith, under color of law etcetera?

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2024

A complaint must establish a factual basis for all claims presented. A legal argument is different: It analyses facts with the law. What you want to do in a complaint is simply present facts.

1 Answer | Asked in Uncategorized for Michigan on
Q: If a 18yo threatens to fight a 16yo can you press charges
Brent T. Geers
Brent T. Geers
answered on May 15, 2024

I suppose so. Anyone can contact the police and make a complaint. That doesn't mean the police will do anything about it or "press charges". All depends on what evidence they find through their investigation.

1 Answer | Asked in Uncategorized for Michigan on
Q: My best friend of 34 years passed away unexpectedly passed away (without a will), currently his family, who I have never

met are fighting over his estate. I have been desperately trying to see his final wishes honored and obtain the one thing he promised me (a wolf hat), but to no avail!!!

I have a text message from his brother admitting that he has the hat and plans to give it to me, but since then he has... View More

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2023

A Michigan attorney could advise best, but your question remains open for a week. I'm sorry for the loss of your best friend. Not all questions here are answered, but you could try reposting under "Probate" and "Estate Planning" for better chances of a response. Good luck

1 Answer | Asked in Uncategorized for Michigan on
Q: My uncle tried to steal my half of my inheritance and I had to pay 1/3 of my inheritance to pay a lawyer to get my half

I had to pay 80k to an attorney to get my half of my inheritance. If he would not have lied on the affidavit I wouldn’t have had to get an attorney. Can I get my uncle to pay my attorney fees?

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2023

Possibly. You should talk with your lawyer about that. If the claim is now settled, you might have some difficulty going back asking for more money now.

1 Answer | Asked in Uncategorized for Michigan on
Q: Can a gym legally charge me on the 31st day if I gave the required 30 day notice to cancel my membership?

I signed a contract at a gym that stated that I have to give a 30 day notice to cancel my membership. I canceled on the 19th of last month. My bill is do the 20th of every month. They said there should be 1 more payment, but the 20th will be 31 days.

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. It sounds like you complied, based on the brief description. But an attorney could advise more definitively with seeing the membership contract. Good luck

1 Answer | Asked in Uncategorized for Michigan on
Q: pulled over for taillight not working. DL was sus. Asked to search vehicle said no. Did anyway. Wrote wrong vehicle inf

They wrote wrong vehicle info in the ticket and report. Completely wrong year model and vin. Only thing correct was the color. They "allegedly" found drugs in the vehicle. Can the whole case be thrown out because of the amount of wrong information on the ticket.

Brent T. Geers
Brent T. Geers
answered on Apr 17, 2023

Your problem is going to be that once it became known your driver license is suspended, you were subject to arrest, and the search of the car became a search incident to arrest; they didn't need your consent. The wrong info on the ticket is immaterial.

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