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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Banking, Civil Litigation, Contracts and Insurance Defense for Michigan on
Q: So my grandfather passed away then 4 weeks later my grandmother pass before my grandfathers insurance came in!

My grandmother may pass before the check is deposited into her account how can my mom or uncles save it before it goes back to insurance

Thomas. R. Morris
Thomas. R. Morris answered on Apr 6, 2020

The question is not altogether clear to me, but it sounds like the insurance payment is property of your grandmother's estate, and that a probate case needs to be commenced in order to deal with the payment. An attorney with the whole picture will be able to guide you through the probate process,... Read more »

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: Now that my son is 21 and I'm owed arrears of over 40,000, how to I get that enforced and paid?

My son was born in California in 1998 and a court order was put in place for the father to pay each month. He rarely paid and traveled to Mexico and different states to avoid paying. He put his assests in other peoples names. I live in Michigan and they said they cannot help me because my son is... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 25, 2020

It sounds like the attorneys are telling you the right answers, albeit bifurcated. Do you ever make the California court order a Michigan order? If not, Michigan has nothing to do with enforcement of a California court order, and so the Michigan attorneys are correct that they can't help. The... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered this 2... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

www.provenresource.com

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Michigan on
Q: Can I sue in small claims court for the remainder of a personal loan if the borrower has not made a payment in a year?

I loaned someone $3,000 in 2017. We wrote a contract for this person to repay me within 5 years. I did not require a monthly minimum payment. I did, however, include 7.5% monthly interest (which I later found out is an illegal amount. Monthly interest must be much lower). I wrote the contract in... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

You may have a claim. You would quite likely need to file in the state where the contract was entered.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Whats a day in a life of a lawyer?

please start from morning and end at night .

Tim Akpinar
Tim Akpinar answered on Nov 22, 2019

If this is for a school assignment, contact law offices in your area and ask if you could briefly serve as a volunteer for a short period. You could offer to do clerical work like filing or copying documents. If they let you accompany a lawyer to court, a meeting, taking a statement, or a closing,... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: If 2 men purchased property together singlely,can they just add wife's names years later?No quit claim,just added

1932 2 men purchased property and obtained a warranty deed.1953 1 of the men and his wife sell his half of the property to the other man and his wife via quit claim.They never quit claimed the wife's names,is that legal?Then months later the man and wife sold both halves to another couple.Is that... Read more »

David Soble
David Soble answered on Oct 27, 2019

While you have done an excellent job of describing the past conveyance history of this property, I would still want to review the title abstract before rendering an opinion. Stating the type of deed used for conveyance is not the same as showing how title held. Go to www.provenresource.com to... Read more »

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1 Answer | Asked in Civil Litigation for Michigan on
Q: when does a district court judgment to a credit card company expire?
Brent T. Geers
Brent T. Geers answered on Sep 29, 2019

10 years, unless renewed for longer.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Could the lessor be in breach of contract?

I moved into my apartment in November 2018. As of September 2019, not one item from my move-in checklist has been addressed. I have a ceiling fan that is inoperable due to the fact that it is not securely attached to the ceiling. I have a non-functional bathroom exhaust fan, which was inspected by... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 9, 2019

What would you like to do?

You may be able to withhold rent and/or fix things and subtract it from your lease if the repairs are ‘necessary’ to make the place habitable but only if you follow the appropriate procedures to do so.

A better option would be to walk away and rent...
Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: I want to take midas to small claims court after they change my oil my car started knocking and also the oil was low
Tim Akpinar
Tim Akpinar answered on Aug 30, 2019

There wasn't a question included in the post here. It's possible it got left off in uploading. You could try reposting. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation for Michigan on
Q: Is there such thing as stalking a public figure?

I was charged with stalking a Superintendent of a public school. Pled no contest due to mistreatment in jail. I was wondering if this is even a fair charge or if I am protected due to free speech? I have a civil case against the Superintendent and if I win will I be able to introduce that as new... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 22, 2019

Yes, you certainly can be charged criminally for stalking public figures. It happens with movie stars as well as, apparently, local superintendents. Being a public figure does not remove all notions of privacy. Even constitutional rights have limits. You could show up at school board meetings and... Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Legal Malpractice for Michigan on
Q: Can my landlords atty still obtain a Writ of Eviction since the time to apply for same lapsed approx 3 mos ago?

10/2018 I received a notice to quit (home is being sold, eviction is not for non pymnt) from landlords atty. I lost eviction case 1/7/19. I appealed the judgment pro se. 2/13/19 I received notice of intent to dismiss appeal via truefile. The notice was also sent to landlords atty. I submit the... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 10, 2019

Yes, the attorney can obtain a writ of eviction. Your appeal was dismissed, and so the judgment issued in January remains valid. The original date to obtain a writ of eviction is simply a waiting period; in other words, the landlord must wait until that date to obtain a writ of eviction, but he or... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Michigan on
Q: Realtor failed to send my signed acceptance of offer b4 deadline and buyer walked. What is my recourse vs the realtor?
David Soble
David Soble answered on May 9, 2019

You should contact the realtor's broker to register you complaint. That's where you should start. The board of real estate has a grievance procedure as well. If all else fails, you might want to file a complaint with the Michigan's professional licensing division - LARA.

Good luck,...
Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: At what point am I legally allowed to defend myself with lethal force? ............Against a LEO or Public Servant?
Brent T. Geers
Brent T. Geers answered on May 6, 2019

If they are unlawfully using force against you...and you better be 110% right about that before you "defend" yourself...and even then, you will likely not be around for a judge to say "you're right".

You will not win a battle of wits or legal trivia against cops on the street. That's what...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Criminal Law for Michigan on
Q: Licensed contractor completed work now Customer making threats. Is it civil or criminal as they claim?

Licensed builder in the state of Michigan and fully insured. Recently completed a project for a developer who was building spec homes for resale. The developer had me submit several construction bid contracts which were accepted and payments issued for the work. I completed all work stated in the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

Justia is a free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to a business lawyer of your choosing. If you have not... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Where can i find forms for quiet title?
David Soble
David Soble answered on Apr 23, 2019

There are no forms to quiet title to real estate. A quiet title action is performed by real estate attorneys. To quiet title is to litigate. If you have the time and experience to litigate a matter, and you are a licensed attorney, then you should feel right at home with the courts. Otherwise,... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Was awarded judgement in small claims, the defendant sent a check with memo section saying for Goodwill and good bless.

If I cash this check in good will as it states..could I still act as payment was never received towards judgement?? Since technically this is for Goodwill and good bless??

Brent T. Geers
Brent T. Geers answered on Apr 17, 2019

Nice try, but judges - especially district court and small claims judges and magistrates are a lot more practical and take more of a common sense approach to these issue. If it became an issue, the judge would likely look at the judgment amount, compare it to the cancelled check amount that you... Read more »

3 Answers | Asked in Civil Litigation for Michigan on
Q: What happens in Federal Court after Initial discovery is over, defendant has offered me $ as settlement, but plaintiff?

Refused to accept, Plaintiff says double or triple the offer.

Griffin Klema
Griffin Klema answered on Apr 11, 2019

Typically in federal court the case will continue to proceed towards trial. The case management conference and order entered will usually spell out the deadlines for various steps along the path to trial. The parties are always able to voluntarily settle the case (and such agreement is encouraged),... Read more »

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2 Answers | Asked in Civil Litigation and Collections for Michigan on
Q: I am sued in small claims and I have questions about the paperwork that I received from the plaintiff's attorney.

I received a request for admissions and interrogations dated 3/25/19 from the plaintiff's attorney wanting a response within 28 days. We go to court 4/15/19. Do I respond or do I wait for court?

Also. The invoice they attached to the complaint is different from the other invoices I received... Read more »

Trent Harris
Trent Harris answered on Mar 30, 2019

Something doesn’t add up here. If you are in small claims, an attorney wouldn’t be involved. If you are getting requests to admit and interrogatories from an attorney in Michigan, then: (a) you are in Circuit Court, or (b) you are in District Court and the judge has allowed discovery.... Read more »

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1 Answer | Asked in Civil Litigation, Contracts and Divorce for Michigan on
Q: Can a finance company come after me for auto loan when divorce decree States ex is solely responsible?

During pre-trial today finance companies attorney told me divorce decree is not legally binding. Also stated they already received judgement from EX on the auto loan.

Brent T. Geers
Brent T. Geers answered on Mar 5, 2019

That attorney is correct. Your judgment of divorce has no bearing on the contract you and possibly your ex signed once upon a time. But under the terms of your judgment of divorce, it sounds like you'd have a fair claim for what's called indemnity against your ex (e.g. paying someone else's debt)... Read more »

1 Answer | Asked in Civil Litigation and Collections for Michigan on
Q: I received a letter from an attorney stating I am being sued by a debt collector, but I have not yet been served.

How do I find out the name of the court the suit has been filed in, along with the date and time of the hearing?

Trent Harris
Trent Harris answered on Mar 1, 2019

If the suit was filed properly in state court, it should be filed in the county in which you live. Call the district court and the circuit court for your county, and ask if a lawsuit has been filed against your name. Or, if the county where you live has an online site where you can search court... Read more »

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