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Michigan Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Michigan on
Q: Wanting to know if I have a valid case to pursue for reimbursement against my former dentist for failure to diagnosis?

Failed to diagnosis a simple cavity which resulted in delayed treatment and an expensive root canal and crown. He failed to detect the cavity on initial bit wing x rays as well as two different 6 month comprehensive oral dental exams performed by him. A review of this case by 2 different... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Feb 15, 2022

Possible, but most importantly, you're describing a situation that you should probably hire an attorney to assist you with. There might be certain rules regarding formal notice as well as statute of limitations to be cognizant of.

1 Answer | Asked in Uncategorized for Michigan on
Q: I don't understand MCL 600.2559 (7)(8) as it pertains to taxes and recovery of fees? What does that mean?

My understanding is that process servers can charge more than the prescribed fees under MCL 600.2559 if there is a written agreement beforehand. What I don't understand is the statements concerning taxes and recovery of fees. "...a person entitled to tax costs shall not attempt to tax and... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 15, 2022

It means that if a party is entitled to "tax cost" - fancy way of saying a person is legally entitled to collect their costs from the other party - that person can only recover the amounts listed in that statute and not more even if they paid more for service of process.

Remember,...
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1 Answer | Asked in Uncategorized for Michigan on
Q: Can I sue someone I cosigned for who refused to pay for the vehicle after disappearing with it?

The vehicle finally got repossessed and there is a remaining balance. I cannot contact the person nor do I know where they are exactly.

Brent T. Geers
Brent T. Geers
answered on Jan 9, 2022

Your recourse against your cosigner would likely be in indemnity, which would require YOU to have paid off the entirety of the balance owed. You would then be seeking reimbursement, essentially, for that person's half of the debt, plus any other damages you can assert.

But as to the...
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1 Answer | Asked in Uncategorized for Michigan on
Q: My stepmother died. My father( her husband) is still living. Her children want 1/2 the selling price of their house.

They gave us a will but it os not signed. Can they get that money?

Brent T. Geers
Brent T. Geers
answered on Jan 2, 2022

Depends on how your father and stepmother owned the house. If it's just in her name, then they may have a claim; if the house is in both names, then likely no claim.

1 Answer | Asked in Uncategorized for Michigan on
Q: How may a biological parent request the funeral and medical records for their deceased adult child?

I wasn't notified of my child's death.

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2021

Once a child turns 18, you have no independent right to access their records. There would certainly be a death certificate on file with the county clerk's office, which is a public record anyone can access (for a fee). Other than that, if you want to look deeper into things (and depending on... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: Can I get a tattoo at 12 with both parents consent?
Brent T. Geers
Brent T. Geers
answered on Nov 4, 2021

No. No legitimate tattoo business will do it even with your parent's consent.

1 Answer | Asked in Uncategorized for Michigan on
Q: my mom recently passed away without a will. My sister’s name is on our mom’s house & car title & on bank accounts.

Do I have any recourse to get half our mom’s estate. My sister & I are the only living siblings.

Brent T. Geers
Brent T. Geers
answered on Oct 27, 2021

Unlikely. That is the nature of joint accounts.

1 Answer | Asked in Uncategorized for Michigan on
Q: Do I have to accept a return for a car that was damaged while being paid off?

I accepted a down payment with the agreement

that the car had to be fully paid for the title to exchange hands. Now the buyer is saying the car doesnt work and he wants money back. The car was working when i dropped it off and i still have the title, but i never agreed on any type of return... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2021

This will be an easy matter with a written agreement determining who does what. Assuming your agreement is "Seller agrees to sell car after Buyer pays X-amount of money", it sounds like, legally, your buyers just bought a broke-down car. BUT, how do you get the rest of your money? How do... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: If my employer fails to stop a wage garnishment when the stop order is sent by the collector, am I entitled to damages?

The collections agency sent a stop order to my employer on September 1. The garnishment never stopped. My employer claims to have never received the stop letter.

Brent T. Geers
Brent T. Geers
answered on Oct 20, 2021

You may be entitled to damages - the return of the extra money sent to the collector - but likely not from your employer. Once a valid garnishment order is received, your employer has a legal duty to keep garnishing until they received legal authority to stop. I don't see how they can be... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: If a victim in an alleged CSC case has been killed in a horrific car accident Should the jury selected be aware of this

Or would that taint the jury to grant a sympathy guilty verdict? Would the defendant be assured a fair trial?

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2021

Jury selection is different from trial. The seated jury - the people who are selected to actually hear the case - can make a verdict only on what is presented in court, not by what was mentioned during jury selection.

If the victim is now unavailable, the rules of evidence may allow the...
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1 Answer | Asked in Uncategorized for Michigan on
Q: My son got covid from a prison guard.He's not doing so good. They forced him to get shots. Prison not caring.

Prison doesn't seem to be taking covid serious. Son was just sent to prison within a week a prison guard gives my son covid. He's had a high fever and hasn't called anyone in 3 days. Can I do something about the negligence of this prison?

Brent T. Geers
Brent T. Geers
answered on Oct 6, 2021

Hard to say based just on what is stated here. How would your son prove he got COVID from this guard? And even if he could show that, unless he can also show that the prison knew but did nothing about the guard's condition - perhaps by them violating their own COVID mitigation policies, I am... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: How can a judge ignore fraud and perjury ? How can all the inconsistencies not matter? I am shocked and so confused

I truly believe that Mary Micheals the city attorney for warren covered criminal activity of an officer and Judge m Servitto helped her do it. I have proof of the fraud and perjury. How can all these inconsistencies not matter? Two different versions of one car accident in the narrative and... Read more »

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

Inconsistencies are not necessarily lies. Are you lying when you know you just went to a drug store, but say to someone later that you went to Walgreens when you really went to CVS?

Fraud and perjury connote intention, which is hard to place on an otherwise neutral witness. If it were any...
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1 Answer | Asked in Uncategorized for Michigan on
Q: Can the co owner of a house invite her new boyfriend to stay with us
Brent T. Geers
Brent T. Geers
answered on Jun 12, 2021

Yes, so long as it doesn't affect your tenancy. For example, it deprives you of space or use of common areas.

1 Answer | Asked in Uncategorized for Michigan on
Q: If someone says: The first date is $50. The second date may be sexual if you want. Is that considered solicitation?

The second question doesn't mention anything about money. If the person saying this does not intend to have a second date and wants to fool the guy for only giving them money for a dinner date for $50 then ghosting them. Is this illegal?

Brent T. Geers
Brent T. Geers
answered on Jun 12, 2021

Possibly. The term "prostitution" is not defined in Michigan law, which means the ordinary meaning of the word applies. Right or wrong, prostitution is ordinarily defined as an act a female may engage in. Your question suggests it's the female setting the terms; she could be engaging... Read more »

1 Answer | Asked in Uncategorized for Michigan on
Q: Someone is threatening to post my private pictures if i dont pay them off they will post to soc. Media can i sue?
Brent T. Geers
Brent T. Geers
answered on May 5, 2021

Depends. How did they get the pictures? What are the pictures of? If they are demanding money or something else, it may be criminal extortion. You should probably consider filing a police report. Can they post the pictures? That's a different question. If they are true and accurate pictures of... Read more »

2 Answers | Asked in Uncategorized for Michigan on
Q: What is more legally binding a purchase agreement or warranty of deed

Purchase agreement said seller retains mineral rights but no reservations where placed in the warranty deed when filed

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2021

If I hazard to guess, I'd say the purchase agreement could be enforced to transfer the mineral rights. But you'd really want to deal with a real estate lawyer on this one.

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1 Answer | Asked in Uncategorized for Michigan on
Q: If I am emancipated at 17 and only have a permit, can I take my drivers test?

I am 17, and plan on being emancipated. Would I be able to take my drivers test or would I need to wait all of those months to take the test still?

Jay D Mukerji
PREMIUM
Jay D Mukerji
answered on Apr 21, 2021

As long as you meet the requirements to obtain a driver's license, it should not be a problem.

1 Answer | Asked in Uncategorized for Michigan on
Q: My father has 3 other children and I am the eldest. My question is These 3 other children does not have his last name.

He is not on birth certificate nor has paternity establish. These children are over 18 and have families of there own.

Am I regarded as only child as next of kin?

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

"On paper", yes. Your father should consider creating an estate plan naming and disinheriting these children - if he has reason to believe he is the biological father. Otherwise, one or all of them could petition the probate court for a share of his estate as omitted children.

1 Answer | Asked in Uncategorized for Michigan on
Q: Can a condo community vote to change their bylaws to prohibit smoking on grounds, in hallways and individual units.

Most units are owned.

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 15, 2021

Depends. Although, if we assuming the board has the power in the bylaws, I can't think of a superseding regulation or law that would stop the board from exercising that power and implementing the rule.

1 Answer | Asked in Uncategorized for Michigan on
Q: My roommate put a ppo on me. She has people living in my room and paying rent. Am I obligated to pay the rent

I will sign off the lease but I want the deposit back first. She will not give it to me. Only two people are on the lease but we split the rent three way because her boyfriend lives there and pays a third of the rent. What am I liable for?

Brent T. Geers
Brent T. Geers
answered on Mar 12, 2021

As to the landlord, you remain liable for the rent. Getting the deposit back - or your share of it - is something you'll need to work out with the landlord. Most landlords will probably want another person to sign onto the lease before releasing you.

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