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Michigan Small Claims Questions & Answers
1 Answer | Asked in Personal Injury, Insurance Defense, Municipal Law and Small Claims for Michigan on
Q: Am I responsible for removing my trampoline from a privately owned golf course's pond?

My trampoline flew into a pond owned by a privately owned golf course during a major wind storm. The trampoline was anchored down and was ripped out by the wind. I live in an HOA that is next to the golf course. The trampoline is destroyed. Am I responsible for cleaning it up out of the pond?

Brent T. Geers
Brent T. Geers answered on Dec 14, 2021

What is the golf course owners saying? Even though it's an act of God, someone will still have to pay. Either the golf course will just do it on their own, or they will contact the HOA and the HOA will pay, and may end up tracing it back to you.

It may be worth your while to contact...
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1 Answer | Asked in Consumer Law, Divorce, Family Law and Small Claims for Michigan on
Q: Legal options on a outstanding car loans that I have cosigned

Hi, before my divorce (divorced for 2 years), I have cosigned a car loan for my ex-spouse (both of our names are on the title). As part of the divorce agreement, I agreed to let him keep things as is because his credit is not good enough for him to refinance the truck on his own. He supposed to... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 10, 2021

What does the judgment of divorce say about possession of the car? As to the bank - regardless of what the judgment says - they are going to hold you equally responsible for the balance.

1 Answer | Asked in Small Claims for Michigan on
Q: Private TRT Clinic: I paid $2,000 for treatment and the doctor disappeared.

I’ve been on TRT for 2 years with the same clinic. It’s a small clinic with one physician and one receptionist. My annual renewal just took place and I paid $2,000 upfront. I had some labs drawn and ordered medication. After that the physician disappeared. There is no one at the clinic to take... Read more »

Adam Alexander
Adam Alexander answered on Nov 22, 2021

If you paid by credit card I suggest you consider challenging the charge before you file a lawsuit.

Also, I suggest you send a certified letter to the clinic disputing the charge and requesting an explanation. Again, before you file a lawsuit.

Without knowing more information, I do...
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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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2 Answers | Asked in Small Claims for Michigan on
Q: My mother law gave us her house after abandoning the house for 6 months and now she’s kicking us out

She was upset with us over another family memeber and now she kicking us out with no where to go. She had us give up our apartment and move in her home and make payments she said to 500$ Every month that’s what her and husband did and now that we missed two months she’s kicking us out

Michael Zamzow
Michael Zamzow answered on Jul 27, 2021

I don't spot a question, but my comment is that you might find your answer in the Michigan Landlord Tenant Handbook produced (in-part) by the law school at Michigan State University. At a quick glance it sounds as though you formed the landlord-tenant relationship, you've failed to make... Read more »

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Michigan on
Q: I won a small claims judgment, for 6096.00 in Inkster MI, against a apartment management corp, but unable to collect.

I have garnished their bank account … it was $1.11 in it. Then I had a court order for the Wayne county sheriff seize property but this has not been successful either. How can I collect my judgment from someone or entity that refuses to cooperate?

Brent T. Geers
Brent T. Geers answered on May 10, 2021

You've asked the $64,000 question. You may have what can be called a judgment proof debtor. You have right now a piece of paper saying someone legally owes you money; that paper is just - a piece of paper - unless and until you can legally collect.

All you can really do is keep trying...
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1 Answer | Asked in Small Claims for Michigan on
Q: I was walking someone's dog when it got away from me and i couldn't catch it. Can they sue me for losing their dog?

i was not walking the dog for pay.

Michael Zamzow
Michael Zamzow answered on Mar 9, 2021

Generally you can be sued for any reason or no reason. Withstanding a dismissal, sanctions, and winning are entirely different issues. A practical question, will the dog return or was it killed?

1 Answer | Asked in Criminal Law, Probate, Small Claims and Estate Planning for Michigan on
Q: if someone is passing away an you cant find a recent will , could there ex wife take everything if she has will

he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids

Kenneth V Zichi
Kenneth V Zichi answered on Feb 9, 2021

In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... Read more »

1 Answer | Asked in Small Claims for Michigan on
Q: If Someone Father in law is 19 and His son is 11 what are possible ways that could of happened and been legal.
Brent T. Geers
Brent T. Geers answered on Jan 26, 2021

Is this a riddle? The son is almost assuredly not the biological son of the father-in-law. Otherwise, the father-in-law impregnated someone at the age of 8. The son could be an older woman's son, and that woman married a 19 year old, making him the father-in-law. That scenario would be legal.

1 Answer | Asked in Estate Planning, Probate and Small Claims for Michigan on
Q: My mom passed back in October of 2020 she left three storage units behind. I moved to a different state so most of my

Stuff was in those storage unit's and my aunt offered to get my stuff for me. My sister however refuses to let me aunt into these units and is basically holding my stuff hostage. These units have to cleared by the end of this month. If I go and get my stuff myself is that illegal?

Kenneth V Zichi
Kenneth V Zichi answered on Jan 24, 2021

It is hard to say without more information.

Whose name are those storage units in? You Mom's? Yours? Your sister's?

What documentation do you have that the stuff is 'yours'? Receipts? It is your clothing and not hers, etc?

Why do they 'have'...
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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Michigan on
Q: Can I create custom AUDI emblems/badges out of gold/silver for my own vehicle and or to make as a product for retail?

Im an AUDI enthusiast and also a custom jewelry designer and fabricator with a small LLC. Ive wanted to replace the metal AUDI symbol and vehicle badges (S4) that are in various locations on the vehicle with identical replicas in diamond encrusted gold/silver, but understand there are probably many... Read more »

Trent Harris
Trent Harris answered on Jan 11, 2021

You can do it for yourself on your own vehicle, but you wouldn't be able to offer them for sale to others due to trademark issues. If you were to sell them at retail, you would need to obtain a license from Audi, otherwise you could be sued for trademark infringement.

2 Answers | Asked in Real Estate Law and Small Claims for Michigan on
Q: First rain after closing on a house it leaks in 2 different locations. Disclosure statement said no leaks. Any recourse?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 10, 2020

Hard to say for sure but bear in mind that 'stuff happens' and sometimes a basement that never leaked before starts due to something the seller had no control over. Did you modify landscaping or move heavy trucks etc on the lawn area around the foundation? Did it 'just' start?... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can someone help me with a consumer purchased garage door issue?

Purchased the Door on 7/20/2020. The door arrived at the box store for pickup on 8/10/2020. I picked it up a day or so afterwards. After it was unloaded in my garage. I inventoried the track kit contents to verify it had what it need before I began assembly. I noticed that the struts both had been... Read more »

Adam Savett
Adam Savett answered on Aug 26, 2020

I understand your frustration - I have been waiting for a warranty replacement for a consumer product for well over 8 weeks at this point.

I don't think you need a lawyer here, at least not based on the facts as you've outlined them.

Call / email / chat through the website...
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1 Answer | Asked in Real Estate Law and Small Claims for Michigan on
Q: Previous sellers didn't disclose that well is not performing to standard and new well is needed. Can I ask them to pay?

Ottawa County requires a well/septic evaluation from Health Department. My real estate agent told me that they would inspect the well. They only inspected water quality and not well itself. Water results were not ideal with Chloride and sodium, but passed.

After moving into home, son was... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 18, 2020

What WAS disclosed? Did you have a legal review of the purchase contract before the sale? There are far too many 'unknowns' here to provide a definite answer, but in general the 'buyer beware' rule applies in Michigan.

So long as the failure to disclose was just that --...
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1 Answer | Asked in Small Claims for Michigan on
Q: In Michigan I am a co signer of a vehicle and I have all the receipts showing I paid for the car for 4 years.

The car is almost paid off and the primary owner will not reason with me.

Adam Alexander
Adam Alexander answered on Aug 18, 2020

I suggest you try this again and add some detail to your question. For example, who is in possession of the vehicle? What outcome do you want? How are you damaged monetarily?

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: In the state of Michigan my vehicle was towed in a tow zone. I told them to drop vehicle before fully hooking up

They refused. They didn’t offer me a tow ticket or a fee schedule. Is this legal ?

Trent Harris
Trent Harris answered on Aug 17, 2020

Was your car parked in a tow zone? Was a tow truck called? Did the tow truck arrive and begin hooking up the vehicle before you came back to object? If so, this sounds legal. The harm was already done (breaking the law by parking in the tow zone). There is no legal loophole that says "but if I... Read more »

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for Michigan on
Q: I made an oral lease agreement but want to cancel and have the deposit back.

I made an oral agreement to sublease the defendant's apartment room for 4 months and I paid the first-month rental as a deposit. Twenty hours after I paid the money, I decided not to rent this room and requested my deposit back, however, he refused to give the money back. He said he... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jul 19, 2020

I don’t like to be the bearer of bad news, but I don’t see a basis for a rescission of the lease, or a claim that the other party breached the agreement, so I would say based upon these facts, that the landlord is in the right. Is there a basis for a claim that the landlord breached the agreement?

1 Answer | Asked in Small Claims for Michigan on
Q: Can someone ask for their money back even after they said to "keep it" in writing?

Former friend had given me money to do his taxes for multiple years. He only provided me his 2019 info and while waiting for the rest of the years he had gotten into some trouble with the police and got arrested. I then decided to distance myself from him and his situation. My husband reached out... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Sometimes the legal answer isn't necessarily the right answer for your situation. Legally, I think you would be on good grounds to keep the money. Your former friend could certainly file a small claims action against you, but unless there is more to this story, I don't see a judge siding... Read more »

1 Answer | Asked in Internet Law, Lemon Law and Small Claims for Michigan on
Q: Hi, I just purchased a car from a private seller, they assured me there was no issues and I could bring it back.

I purchased a car from a private seller. He assured me there were no issues other than cosmetics, after driving it home I immediately informed him that the car ran rough, on the highway. He told me that if I found any issues, we could trade back the next day. I told him this is what I wanted. He... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2020

A Michigan attorney could advise best, but your post remains open for two weeks. As a general matter, it could be a difficult situation - one party's word against another's, as the communications/agreements appear to have been verbal. One option could be to review the terms and conditions... Read more »

1 Answer | Asked in Consumer Law, Public Benefits, Small Claims and Contracts for Michigan on
Q: Got a writ of garnishment on a Zales jeweler card from 1995-2001 can they still garnish me in the state of Michigan

I worked multiple jobs and this is the first time they've attempted a garnishment, after all this time can they still collect even with them not making a effort to collect from previous employers

Brent T. Geers
Brent T. Geers answered on May 18, 2020

What matters is whether they have a valid judgment. Judgments may be renewed every 10 years. I would assume they did that and now that they've found you again, they can collect. You could look into filing a motion for installment payments with the court.

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