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Michigan Questions & Answers
1 Answer | Asked in Consumer Law for Michigan on
Q: Home windows put in by big company. Solid contract for them. Faulty job - not insulated +, Contract or Consumer lawyer?

7 months later windows shoe molding removed shows we have little, no, or gapping insulation and caulking (places visible spaces to the outside). We froze all winter, had wind, ice and snow come in. We started a file with company the day of installation - poor workmanship (missing screws holding... View More

James L. Arrasmith
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answered on Apr 10, 2024

Based on the details provided, it seems that you have a strong case against the window installation company for poor workmanship, failure to properly insulate and seal the windows, and potentially fraudulent behavior (not paying for the permit as agreed upon). Given the severity of the issues and... View More

1 Answer | Asked in Business Law and Civil Rights for Michigan on
Q: Is is illegal to say, click here for coupon and it is only an ad, no discount is given? I can forward you the email.

"Your coupons have been updated online"

"View Download or save your offers".

" GET YOUR COUPONS" (click here)

But there is no coupon.

James L. Arrasmith
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answered on Apr 10, 2024

It is illegal to send deceptive emails claiming there are coupons or discounts available when in fact none are provided. This would likely be considered false or misleading advertising.

In the United States, the CAN-SPAM Act prohibits the use of deceptive subject lines, from names, reply-to...
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1 Answer | Asked in DUI / DWI for Michigan on
Q: My battery died in january, interlock device and now 3 months major violation just before my reinstatement hearing

January 20 to 22 no power, but I hadn't driven it since the 12 January. I was not ever informed that I violation and I also called them and they said that I had no violation. I got a lawyer but I am not feeling that I am a priority and I need my license. How confident should I be in getting it... View More

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

No one - including your lawyer - can tell you with any certainty that you will get your license restored. The administrative hearing officers take a lot of factors into account. Most important, perhaps, is your ability to convince the hearing officer that you are and have been stone-cold sober over... View More

1 Answer | Asked in Car Accidents for Michigan on
Q: Can a primary insurance policy holder see the police report of a car accident if they weren’t involved
Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific laws, anyone who may be subjected to a liability claim can usually see the report. This generally includes registrants and owners. Good luck

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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1 Answer | Asked in Family Law for Michigan on
Q: How long does an attorney have to file a court order in family court?
Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

Depends...and then a judge still needs to sign it, which takes more time.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: A confederate flag was on the flag poke at my place of employment, as a black man this very intimidating

I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.

As a black man I have many questions and need to speak to a lawyer.

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I gave my landlord a 30 day notice on the 5th of April. He’s saying im still responsible for the rent next month (may).

Ye

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems there may be some confusion or disagreement between you and your landlord regarding your notice to vacate and the rent obligations for May. Here are a few key points to consider:

1. Timing of notice: In Michigan, if you are on a month-to-month...
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2 Answers | Asked in Civil Litigation, Contracts and Civil Rights for Michigan on
Q: Constitutional laws the right to contract or not to contract

Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge

James L. Arrasmith
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answered on Apr 7, 2024

This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:

The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment...
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1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: Is governing agency in violation of: 750.478 willful neglect of duty; public officer or person holding public trust or e

State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:

"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What is the statute of limitation?

Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.

James L. Arrasmith
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answered on Apr 4, 2024

The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.

However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five...
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1 Answer | Asked in Civil Rights for Michigan on
Q: NPO volunteer driver faces unjust restrictions due to false information, prompting concerns about privacy violations.

I'm a volunteer driver for a public NPO, but I've been barred from driving due to false information. Despite disputing the reason given for the suspension, I was told (7 months later) my driving privileges would remain suspended until I provided medical authorization, which I believe is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, there are several potential legal issues and concerns regarding your situation as a volunteer driver for the NPO:

1. Medical authorization requirement: The NPO's demand for a doctor's release for a non-transport-related medical event...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

James L. Arrasmith
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answered on Apr 4, 2024

The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.

Under the ADEA, it is...
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1 Answer | Asked in Divorce for Michigan on
Q: Can we stop a divorce before the judge signs the final copy?.

The agreement was turned into the court. I called the court and asked the court if we can stop the judge from signing it as both of us want to reconcile our marriage. I did it without letting my lawyer know. I know not a smart decision, now my lawyer is calling me about it. I'm freaking out.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

Not wise, for sure, to call the court without your lawyer. Your lawyer ostensibly wants what you want; did you think he or she would be mad that you want to reconcile? It makes absolutely no difference to him or her.

If the judgment has not been signed, your lawyer - working with the other...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: We have a house we are selling on a land contract. The seller keeps defaulting on monthly payments. Can we evict her?
James L. Arrasmith
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answered on Apr 3, 2024

In a land contract (also known as a contract for deed), the seller finances the property for the buyer, who makes monthly payments until the purchase price is paid in full. If the buyer defaults on these payments, the legal recourse available to you as the seller depends on the specific terms of... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: My husband owns three LLC's, no end of life docs. If he dies, do those businesses transfer to me, or include his sons?

He is sole owner and one of LLCs is 3-4 million gross/year. Me and one son are employees of that LLC.

Edward Gudeman
Edward Gudeman
answered on Apr 2, 2024

The LLC membership interests will be part of your husband's intestate probate estate. Consequently, state law will determine the ultimate beneficiaries.

Both of you should endeavor to get operating agreements done for the LLCs and you should both get wills and, at least, a revocable...
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2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Does malfeasance and nonfesance violate oaths of office and U S. and State constitutions?

In, Gerald v. N.C. Dep't. of Health

United States District Court, D. South Carolina Dec 27, 2023. May North Carolina Department of Health and North Carolina Vital Records be subject to suit pursuant to § 1983 violation of Equal Protection Clause. "Fargo must be dismissed because... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, there are a few key points to consider:

1. Malfeasance (wrongdoing or misconduct) and nonfeasance (failure to act when there is a duty to do so) by public officials could potentially violate their oaths of office and constitutional obligations, depending...
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1 Answer | Asked in Health Care Law, Civil Rights and Constitutional Law for Michigan on
Q: If people claim to be next of kin at the hospital when they are not, are they in disguise?

18 U.S.C. § 241

It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More

James L. Arrasmith
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answered on Apr 2, 2024

There are a few important legal and ethical considerations to unpack here:

Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)...
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