Are there any case law for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?
answered on May 26, 2023
Good question. These items that you wish to have, such as a non-compete or a non-circumvention agreement, are documents that should really be agreed to up front at the time you and your partner did your initial business deal - so PRIOR to the actual dissolution of a company and not during a... Read more »
Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... Read more »
answered on May 9, 2023
Being on the mortgage and being on a deed are two different things. If your name is on the deed, then I think you can be reasonably assured of not losing the home to your sister.
As to the mortgage itself, if your name is already on the mortgage, I'm not sure there is anything you need... Read more »
Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... Read more »
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answered on May 9, 2023
I do not necessarily disagree with attorney Geers, who is licensed in your state (where I am not), but your question has two aspects. I think (1) there's a distinction between being a borrower (on the note) and being an owner (and necessarily on the mortgage), and (2) whether your sister has... Read more »
I entered into a settlement agreement, placed on record with a US magistrate judge. The government has written up a proposed stipulation. It has several pages of legal jargon and agreements that are not on record, and I do not agree to. I refuse to sign. He filed a motion to enforce the settlement,... Read more »
answered on Mar 21, 2023
The issue is whether what was placed on the record and presented in writing is substantively the same. Often times, what is placed on the record is material terms of the agreement; the written agreement will contain the additional "legalise" that make it all work. Unless you can show a... Read more »
Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... Read more »
answered on Jan 17, 2023
IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.
Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t... Read more »
I dont need them to file anything or show up to court. I just need them to answer my questions.
answered on Jan 8, 2023
A Michigan attorney could advise best, but your question remains open for two weeks. You could reach out to law firms to discuss. Some litigation firms might be reluctant to advise in a setting where another party is at the helm of a very large litigation. Some could be concerned about a... Read more »
Business never got into full swing. Problems on top of problems and no more money to continue forward. It never got off the ground, am I required to give the money back ? I never signed anything and only talked about hoping it would be successful. It never made it to an official business and it was... Read more »
answered on Jan 6, 2023
Hi, keep in mind that in addition to written agreements, there are also verbal agreements that may be legally enforceable, provided there is an offer, an acceptance, and consideration. Whether you are required to return the funds depends on what were the terms of the agreement.
The other... Read more »
Is this a default if they did not also file a responsive plea? it has been over 90 days
answered on Dec 29, 2022
It can in some cases, depending on the issue(s) presented. And note that it's the plaintiff's burden to keep the case moving in that 90 day window you reference, otherwise the court may dismiss the case for lack of progress.
It sounds like you, or perhaps both parties, are... Read more »
Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... Read more »
answered on Nov 6, 2022
You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... Read more »
Dealer is in Iowa in in michigan. They claim to not have known of the damage but will only pay $800 if the $1800 repair bill. It they will pay me for the whole truck and pay to ship it back
answered on Oct 18, 2022
Caveat emptor - let the buyer beware! Likely, you purchased this car "as-is". Unless the dealership warranted this vehicle, or expressly stated there is no frame damage, you are effectively at their mercy.
It's a bit of a math problem for you now: if you keep it and repair... Read more »
I won but my exhusband is suing me for his attorney fees in a civil case. I don’t have an attorney because I don’t have enough money for a retainer fee and legal aid said they don’t have the funding for my kind of case.
answered on Oct 15, 2022
If you have been sued you MUST defend against the case or there will be a 'default' entered against you.
The facts you state here don't make sense. If the case is over ('you won') there wouldn't be the need for you to attend any deposition (If you lost there... Read more »
Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?
answered on Oct 3, 2022
A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »
There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.
answered on Sep 6, 2022
The neighbor's potential liability is for negligence, and if he or she should have been aware of the issue, that strengthens the claim. Did you inform the neighbor, prior to the tree fall, that the tree was a hazard?
There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.
answered on Sep 6, 2022
It is probably best that you file a claim with your insurance company (auto or home) and then let the insurance company through subrogation, substitute in to bring the claim against your neighbor if warranted. Try that first.
I have a non-domestic PPO granted in 12/21 against the former owner (“RW”) of my property for stalking (sending harassing letters). We bought our house 3 yrs ago in a foreclosure. RW has litigated the foreclosure for over 10 years — all were pro se & she lost every claim. RW is prohibited... Read more »
answered on Aug 30, 2022
It isn't so much the fact that she's representing herself; it's the fact that she is attempting - albeit poorly - legal proceedings. The service of papers is part of a legal proceeding that she remains entitled to try regardless of the PPO. In other words, just because you have a PPO... Read more »
Civil attorneys are hard to find. Where can I find one in detroit metro, michigan.
answered on Aug 4, 2022
A majority of lawyers are no different than doctors, accountants, or other licensed professionals. They are in business for profit. Fortunately, there are resources through the Michigan State Bar Association for a referral to an attorney or legal aid society who may be able to assist at a... Read more »
How do I find an attorney more interested in law than collections?
answered on Aug 3, 2022
The short answer is that you're biased...and it's perfectly normal to be biased to your own matters.
I assume you are not an attorney. You're looking at the matter like any other person would: "I feel like I was wronged in some way, shape, or form". An attorney... Read more »
child's amniotic membrane 8 weeks early to get on FMLA at work? and then for going out of her way to maliciously infect me with covid, and then for falsely accusing me of PPO and stalking when I asked to see my child too many times? How do I hold someone like this accountable? and how do I... Read more »
answered on Jul 21, 2022
If it is a crime you are alleging she committed, then you can certainly contact the police and make a report; it's likely they will say this is a family / civil matter and stay out of it.
Is there a current PPO? You need to file an objection and have a hearing about that. Until then,... Read more »
The babies footprint or full name. Especially if this person is not the parent of the child or does that fall under the first Amendment and they can still legally get it?
answered on Jun 30, 2022
The wording of your question is a bit confusing: are you asking if you, as an adult, can get a child's name or footprint tattooed on you? If that's the case, then yes, you can. You can effectively get whatever you want tattooed on you. Now, what you can't do is force the baby to... Read more »
Hello & I appreciate your time & expertise.
I took my car to my Ins. Co.’s recommended Collisions Shop.While in for a complete tear down quote, the Shop caused additional damage to my car. They submitted a final quote to my Ins. Co. - which includes the cost to repair their... Read more »
answered on Jun 29, 2022
Probably not. Look, insurance is a business. It is probably not worth their while to fully investigate what might have happened, especially when clearly, the insurance company is paying a claim anyway, just to save a few bucks.
It is pre-arranged; insurance companies are most collision... Read more »
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