Get free answers to your Civil Litigation legal questions from lawyers in your area.
My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More
answered on Sep 9, 2024
By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More
What would be their rights if they’ve been notified for many months? Their portion of the lease has been expired for 2 months now. They do not live in the home & the lease is only in my name. They are threatening to come get only the expensive items and not everything, since they still do not... View More
answered on Sep 3, 2024
What does your written agreement with your roommate say? Do you have ANYthing in writing?
Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed... View More
The estate sale company has acknowledged that the clean up crew wrongly took the phone and sold it. Company says they want to make it right. It’s a for real vintage, red wall mounted rotary phone in pristine condition. It was mounted on the wall. (There’s a newer beige wall mounted phone in... View More
answered on Sep 13, 2024
I concur this isn’t a ‘crime’ so be careful how you approach this. A ‘crime’ requires intent and this — particularly with the response of the company trying to ‘make it right’ — shows there is no criminal intent, just a very unfortunate mistake. It is ‘negligence’ at best and... View More
My car was towed when I was on a trip to visit my mom out of state. The parking lot in my apartment complex was getting re-paved so they towed it… without notifying me that the lot was going to be under construction. All the did was put a paper on my car but I was out of state… there was no way... View More
answered on Jul 23, 2024
You could list all except perhaps the Secretary of State...I'm not sure what liability they have here. Ordinarily, a private property owner contracts with a towing company for any vehicle parked without permission. Property owner calls the towing company, or the towing company otherwise shows... View More
As a result of The cities police department failure to follow up on my case, I was assaulted severely again yesterday by the same gentleman and the arresting city could not find anything in the system about the previous assault. Is the previous City liable in some way?
answered on Jul 15, 2024
I can't see how the city would be liable here. Whether this person was arrested previously for assaulting you would have no bearing on whether he did it now. Nor does the city or its police department incur a duty to provide enhanced protection for you against him. And regardless of the police... View More
Claimant worked 30 yrs as a skills trade journeymen & retired in Aug 2008 at age 48. In Nov 2008, claimant was admitted for heart failure & received a heart implant Feb 2009. Claimant tried limited subcontracting for his wife's company, but applied for SSDI Nov 2014 under medical... View More
answered on Jun 15, 2024
To be permanently fully insured for Social Security Disability Insurance (SSDI), the claimant must have earned a sufficient number of work credits, which he did by working 30 years. However, SSDI eligibility also depends on whether the claimant is still insured on the date they become disabled. In... View More
answered on Jun 11, 2024
A Michigan attorney could advise best, but you posted last week, and time may be of the essence in your matter. This is because it's possible your case could involve of notice of claim requirements, if it involves a public setting (which seems to be the case from your description). A Michigan... View More
Where fraud carries a six year statute of limitation, but there's a 180 day statute to bring an action for FOIA violations. May a claim for fraudulent misrepresentations, continuous lack of transparency regarding FOIA responses, spanning the entire six year period be brought? Thanks.
answered on May 15, 2024
You cannot request that a statute of limitations be tolled. You can submit a motion (and brief) arguing that the statute of limitations should be tolled for particular reasons found in this case. The judge would determine whether your argument and supporting facts meet the legal standard to toll... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
answered on Apr 17, 2024
In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.
Given the... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
answered on Apr 18, 2024
In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.
While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the... View More
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
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... View More
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
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... View More
I was verbally and physically attacked by my husbands sister and his ex planned it even omitted to it. She even began rumors saying I was a homewrecker causing more stress. She even attempted to have me assaulted with wine bottles by her cousins two them and yes she drove the car. I want to sue... View More
answered on Mar 28, 2024
In situations where you've been subjected to physical and verbal attacks, pursuing legal action is a pathway many consider to find justice and potentially deter future incidents. Your desire to sue for the distress and harm caused, especially during a sensitive period like early pregnancy, is... View More
The parents and decedent's names aren't valid neither is the address of the decedent. It's been 5 years and they will not provide me with a valid death certificate. I contacted The Department of Licensing and Regulatory Affairs in Michigan thus far the investigator isn't being transparent.
Thanks.
answered on Feb 26, 2024
In addressing the issue of incorrect information on a death certificate, determining whether to file an injunction or a writ of mandamus depends on the specific actions you wish to compel from the funeral director. A writ of mandamus is typically used to order a government official or entity to... View More
THE STAFF AT THE KALAMAZOO GOSPEL MISSION NEEDS TO BE FIRED. THIS MENTALLY HANDICAP MAN JUST LAID DOWN NEXT TO ME AND IS THREATENING ME AND THE STAFF KNOWS AND WILL DO NOTHING. I WOULD LIKE TO FILE A LAWSUIT AGAINST THE MISSION AND ONCE WE GET THE VIDEO FROM THE PAST MONTH AND A HALF YOU WILL... View More
answered on Feb 24, 2024
If you believe your rights are being violated at the Kalamazoo Gospel Mission, it's important to take appropriate steps to address the situation. Start by documenting the incidents and gathering any evidence, such as witness statements or written records of the events. Consider reaching out to... View More
If I am a guest at an overnight shelter and the staff let's my rights be violated can I sue that staff member?
answered on Feb 24, 2024
Whether you can sue a staff member at a homeless shelter for allowing your rights to be violated depends on various factors, including the nature of the violation, the staff member's actions or negligence, and applicable laws and regulations. In general, staff at homeless shelters have a duty... View More
My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.... View More
answered on Feb 1, 2024
I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.
If this is an accurate read of... View More
That allows to file beyond the six months
answered on Jan 24, 2024
In Michigan, if you've missed the six-month deadline to appeal a civil case, options to file beyond this period are limited. Appeal deadlines are generally strictly enforced. However, in exceptional circumstances, the court may consider an extension or reopening the appeal period.... View More
Without knowing a case name/number, how may I find cases similar to mine?
answered on Jan 22, 2024
To search for similar cases without a specific case name or number, you can utilize legal research databases like Westlaw, LexisNexis, or Google Scholar. These platforms allow you to search by keywords related to your case. Include relevant legal terms, statutes, or specific issues pertinent to... View More
To get our inheritance.
answered on Jan 2, 2024
What he SAYS is actually of no import. HOWEVER, what does matter is his what estate planning documents have put IN WRITING.
I don't actually see a question here, but without reviewing the documents it is impossible to say what you might expect, and when you might expect it. IF your... View More
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