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2 Answers | Asked in Communications Law, Consumer Law and Internet Law for Michigan on
Q: Is installing mSpy without consent legal for phones I pay for?

I pay for two cell phone lines under my account. A family member, who is over 18, uses one of these lines. There are no formal agreements; it was offered for cost-saving purposes. I'm considering installing parental control software, like mSpy, on the device. Is it legal to do so without their... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Since they are over 18, no. As an adult they have a reasonable expectation of privacy. mSpy can be used to perform covert surveillance, including surveillance of conversations without the consent of at least one party. This could result in you inadvertently committing a felony. In addition, if it... View More

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1 Answer | Asked in Tax Law, Business Law and Contracts for Michigan on
Q: Can our 501C7 club lease kitchen for public dining without tax issues?

Our private club has a 501C7 tax designation and previously employed its own kitchen staff for private dining. Due to financial constraints from a decline in membership, we can no longer maintain the kitchen staff. A local restaurant has offered to lease our kitchen for public dining while the rest... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a smart and careful question to ask, especially when your club is trying to adapt while staying within IRS guidelines. A 501(c)(7) organization must primarily serve its members, and the bulk of its income—typically at least 65%—must come from membership dues and activities related to... View More

1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Michigan on
Q: Can I file charges for harassment and stalking against my ex-wife in MI?

I am considering filing charges of harassment and stalking against my ex-wife. She uses my daughter to keep tabs on me and becomes verbally abusive towards her when she doesn't comply, calling me a deadbeat and claiming I don't care for my kids. We are currently in the middle of a custody... View More

James L. Arrasmith
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answered on Apr 12, 2025

You may be able to file charges for harassment and stalking against your ex-wife if her actions meet the legal criteria for those offenses in Michigan. Harassment involves repeated, intentional actions that cause you distress, and stalking includes behaviors that cause fear or emotional distress.... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Terminated after medication change affected job performance; informed supervisor, no accommodations, past performance positive.

I was recently terminated from my job for violating company policy after a change in my medication affected my performance. I informed my supervisor about the changes, but my employer did not provide any accommodations. Although I signed a memo acknowledging the rules, my past performance reviews... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you are in a difficult situation, especially since your job performance had been positive in the past. If the change in your medication affected your ability to perform your job, your employer might have been required to make reasonable accommodations under the Americans with... View More

1 Answer | Asked in Collections and Consumer Law for Michigan on
Q: Is 13% weekly interest legal in Michigan for car loan and credit card debt?

I was sued for a car loan and credit card debt in Michigan, and the law office told me the interest rate is 13% weekly on the balance. I don't recall signing any agreement specifying this rate, except possibly when initially obtaining the loans. Is it legal for them to charge such a high... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm sorry to hear about the situation you're facing. Charging 13% interest per week on a car loan or credit card debt in Michigan is highly questionable and likely illegal.

Under Michigan law, the general usury limit is 5% annually, or 7% if agreed upon in writing...
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1 Answer | Asked in Business Law, Tax Law and Gov & Administrative Law for Michigan on
Q: Do I need a license to invest in tax liens for others in Michigan?

As a financial advisor, I'm looking to invest in tax liens on behalf of individuals and churches. Do I need any specific licenses to carry out such investments in Michigan, and are there any federal regulations I should be aware of?

James L. Arrasmith
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answered on Apr 12, 2025

Investing in tax liens on behalf of clients in Michigan requires careful consideration of both state and federal regulations. In Michigan, tax lien certificates are typically sold at public auctions, allowing investors to pay delinquent property taxes in exchange for the right to collect the debt,... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Michigan on
Q: How to correct HYTA status mishandled in Michigan?

I completed the Holmes Youthful Trainee Act (HYTA) program in Michigan following an incident in 2011 and was discharged from probation in 2013. I completed all community service, paid restitution/fines, and have a probation discharge order, yet I am still considered a convicted felon. Recently, I... View More

James L. Arrasmith
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answered on Apr 12, 2025

To address the mishandling of your HYTA status, the first step is to contact the Michigan court where your case was handled. You will need to explain the situation and ask for clarification on how your case was recorded in the system. It’s possible that a clerical error occurred, leading to your... View More

1 Answer | Asked in Constitutional Law, Education Law and Civil Rights for Michigan on
Q: Can a teacher forbid discussing religion in a public school-funded debate class?

In my high school debate class, which is funded through a partnership with a public school, my teacher has told me I'm not allowed to discuss or mention my religion because a fellow student dislikes it. The school generally discourages discussions on politics or similar topics, but I find it... View More

James L. Arrasmith
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answered on Apr 7, 2025

In a public school setting, teachers generally have the right to set guidelines for classroom discussions, especially in debate or speech classes, to ensure a productive and respectful learning environment. These rules typically aim to prevent disruptions or conflicts between students with... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Facing legal consequences for parole violation in Michigan

My friend is in jail in Michigan for fleeing and eluding, obstructing a police officer, and an OWI while still on parole with four months remaining. He has been to prison for the same crime before, but this is his first violation on parole. His parole officer doesn't want to send him back to... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your friend is facing serious consequences due to alleged violations committed while on parole in Michigan. The charges—fleeing and eluding, obstructing a police officer, and operating while intoxicated (OWI)—are significant offenses. Under Michigan law, committing a new felony while on parole... View More

1 Answer | Asked in Employment Law and Health Care Law for Michigan on
Q: Can my employer dismiss me while I'm on medical leave after my doctor requested an extension for the same condition?

I am currently on short-term disability leave from work due to a serious medical condition, originally scheduled from March 1 to March 31. My doctor requested an extension of my leave until May 7 for the same medical condition, as stated in both the original and extension requests. However, my... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s concerning that your employer is stating they can’t accommodate your extended medical leave. In most situations, you are protected by the Family and Medical Leave Act (FMLA) if your employer has 50 or more employees and you meet certain requirements. FMLA allows up to 12 weeks of unpaid... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Michigan on
Q: Seeking legal help against Xfinity and YouTube for alleged harassment in Michigan.

I am seeking legal representation against Xfinity and YouTube, whom I believe have been stalking and harassing my family and me for the past nine years. I need a lawyer who can assist me in obtaining a restraining order against these companies, and ideally, work under a contingency agreement where... View More

James L. Arrasmith
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answered on Apr 7, 2025

To start, you’ll want to find a lawyer who focuses on harassment and civil rights cases. Look for an attorney who has experience with technology-related issues or can handle cases involving large corporations like Xfinity and YouTube. You can start by searching local legal directories or reaching... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Tenant issues with unaddressed repairs and cockroach infestation. Pay rent or deduct repair costs?

I am a tenant renting in Hamtramck, MI, and I'm having issues with my landlord regarding essential repairs. My refrigerator is not working properly, and there is a cockroach infestation in the building. Despite responsive communication, my landlord has been unable to resolve these issues. He... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Michigan, tenants are typically required to pay rent as agreed, even if there are unresolved repair issues. However, if the conditions in your rental unit are affecting your health or safety, like the cockroach infestation, you may have the right to take action. You should carefully review your... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Foreclosure process in Detroit, MI with no notice received from lender.

What is the foreclosure process in Detroit, Michigan? I was foreclosed by a hard money lender in January, but I never received a foreclosure notice. My lender usually sends mail to my correct address, and I have not contacted them yet to discuss this issue.

James L. Arrasmith
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answered on Apr 12, 2025

In Detroit, Michigan, the foreclosure process typically follows a non-judicial method known as "Foreclosure by Advertisement." This process does not require a court action but mandates specific steps to notify the homeowner. The lender must publish a Notice of Sale in a local newspaper... View More

3 Answers | Asked in Probate and Real Estate Law for Michigan on
Q: How to value inherited property for probate in Michigan?

I inherited property from my father, who passed away in 2017. The property, jointly owned with his siblings, now has a buyer who is aware of the probate status. There was a will involved specifying how my share should be handled. I’m trying to figure out what my share is worth in order to start... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 1, 2025

Was the property owned by your father, aunts and/or uncles as tenants in common? I presume so, or else the survivors would own the property and your father's share terminated.

The will may govern disposition of your father's interest in the property as a tenant in common, but...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Michigan on
Q: Injury after colonoscopy fall: seeking liability advice

I was injured on March 24, 2025, after falling at Marquette General on the endoscopy floor right after my colonoscopy. I have a cut on my right eye and a broken right wrist, which will require surgery on April 4, 2025, at Bell Hospital. I'm also facing lost work time for at least three weeks.... View More

Mark K. Schwartz
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answered on Apr 1, 2025

Thank you for your question and I am sorry to hear about your injury. This is definitely something that should not have happened in that environment. As an important cautionary reminder, please remember that the patient advocate, despite that person's title, works with the hospital's... View More

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2 Answers | Asked in Collections for Michigan on
Q: Can a debt collector sue after 6 years of non-payment?

I have a debt for college fraternity dues that I haven't paid since before October 2018. I haven't acknowledged the debt in writing and have not received any legal notices from them. The collector only contacts me through phone calls. Can the collector still sue me for this debt after over 6 years?

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 1, 2025

The collector can sue, but if you properly raise the statute of limitations as a defense, and no payment was made on the debt in the last six years, you should win. You may have to defend the suit to assert this defense.

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1 Answer | Asked in Consumer Law for Michigan on
Q: Do i have the ability to take legal action against them, to either repair it or take the vehicle back?

I purchased a used car from a dealership and found within two weeks of structural frame issues, im not aware if it can be legally repaired or if it needs full frame replacement in order to be considered safe to drive.

James L. Arrasmith
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answered on Apr 11, 2025

Finding serious frame damage just weeks after buying a car can feel like a betrayal, especially if you weren’t warned about it. In Michigan, dealers are required to disclose known damage, including structural issues, if the damage exceeds a certain percentage of the vehicle's value. If the... View More

1 Answer | Asked in Agricultural Law, Probate and Real Estate Law for Michigan on
Q: Is inheritance prorated from death or sale of jointly owned property?

I inherited acreage from my father, who passed away in 2017. The property was jointly owned with his siblings, and we now have a buyer. All taxes have been paid, and there are no disputes among the siblings. Is the date for pro-rating ownership determined by when my father passed away, or when the... View More

James L. Arrasmith
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answered on Apr 12, 2025

In your case, the proration of ownership is typically determined by the date of the sale of the property, not your father's date of death. When the property is sold, any income, expenses, or taxes associated with the property will be prorated between the owners based on the sale date. This... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Can I claim owed wages if underpaid as a minor in Michigan?

I am a 15-year-old employee working at Culver’s in Michigan. I know that the state minimum wage increased to $12.48 a month ago, and as a minor, I understand I'm entitled to 85% of it, which is $10.61. However, I have been paid $10.50 an hour since I started on February 21, 2025, despite... View More

James L. Arrasmith
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answered on Apr 13, 2025

As a minor in Michigan, you are entitled to 85% of the state’s minimum wage, which is $10.61 per hour, not $10.50. Since you've been paid less than this rate since you started in February, you may be owed back wages for the difference. It's important to document the hours you worked and... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: Risk of detention or reentry denial for green card holder traveling to Peru

As a green card holder who has maintained permanent resident status in the USA for over 15 years, and with no pending legal issues or immigration concerns, am I at risk of being detained or not allowed reentry into the USA after traveling to my home country of Peru for a week or two?

James L. Arrasmith
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answered on Mar 31, 2025

As a green card holder who has maintained your permanent resident status for over 15 years with no pending legal issues, your risk of detention or reentry denial after a short trip to Peru is minimal. The law generally protects lawful permanent residents who make brief trips abroad and maintain... View More

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