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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Michigan on
Q: Is a sole proprietor buisness vaunerable in a devorse
Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Yes.

2 Answers | Asked in Car Accidents and Civil Litigation for Michigan on
Q: The neighbors dead tree fell on my daughters car completely destroying her sunroof and back window. Not from a storm

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.

David Soble
PREMIUM
David Soble
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.

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1 Answer | Asked in Contracts, Estate Planning, Family Law and Civil Litigation for Michigan on
Q: Does my aunt owe me money for not doing as she promised

I bought my home from my grandmas estate. My aunt was executor of the estate. Part of the deal when buying the house was that uncle would help me install new siding. Since the moment I paid them they have 100% ignored me. I have the siding, but now need to pay someone to install it

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2022

What was in the written agreement? It's unlikely you can enforce an agreement to "help".

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Is it a PPO violation when respondent files all documents pro se?

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 »

Brent T. Geers
Brent T. Geers
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 »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: Why do attorneys think that $300/hr is 'running a business'. They are just taking advantage of people in need.

Civil attorneys are hard to find. Where can I find one in detroit metro, michigan.

David Soble
PREMIUM
David Soble
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 »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: I believe I have as good a case against another individual as ever existed. Why will no attorneys take it?

How do I find an attorney more interested in law than collections?

Brent T. Geers
Brent T. Geers
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...
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1 Answer | Asked in Child Custody, Family Law, Criminal Law and Civil Litigation for Michigan on
Q: In Michigan, can I use recordings of conversations that I participated in, in a custody case or other case?

I already know about participant exclusion to mutual consent rule in michigan. Just wanted to know if you can use these in a family court case, or other court case.

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

Possibly. But know that a lot of judges do not look favorably upon such recordings or unwarranted use of private investigators.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Libel & Slander for Michigan on
Q: Assuming there is enough evidence to substantiate my claims. Is my ex-girlfriend accountable in any way for tearing our

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 »

Brent T. Geers
Brent T. Geers
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,...
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1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: my ex girlfriend intentionally tore her amniotic membrane 8 weeks before her due date to get out of work, is that legal?

She also maliciously infected me with covid after I found out. And then falsely accused me of ppo and stalking. What laws did she break? Do I have a case?

Brent T. Geers
Brent T. Geers
answered on Jul 20, 2022

Not sure she broke any laws. How would you prove any of this? You should focus on the allegations against you; the defense of which is not unsubstantiated claims.

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: Is it legal for someone to get a babies actual footprint tattooed onto themselves without consent of the actual parent

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?

Brent T. Geers
Brent T. Geers
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 »

1 Answer | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Michigan on
Q: Do you believe this situation is worth pursuing from a legal & financial perspective? Is there precedent for this?

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 »

Brent T. Geers
Brent T. Geers
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...
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1 Answer | Asked in Civil Litigation and Municipal Law for Michigan on
Q: I have nonprofit that owns a house. Can the city sue the President of the non-profit for a blighted property?

Due to some hardships I have not been able to keep the property in proper care

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

Yes they can.

2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: A year almost and nothing done and I’m still getting damage done every time with heavy rains

Court order a culvert install under the new drive way they installed and all water must flow to the drainage ditch with the new culvert installed they have done nothing it will be a year in 2 months and when the spring comes again I will have major water problems again Do I need to contact a... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 13, 2022

I concur your best results will be with a local real estate attorney in your corner.

But be prepared to provide that lawyer with facts like a copy of the judgment, who 'they' are and why YOU can't just install the culvert and charge them the cost (I assume because they did...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: My upstairs neighbor stomps on my ceiling every time I play music during the day Is that harassment?

It's been going on for about a year but has gotten really bad recently. If I play music on a portable speaker, in my apartment, between 12pm-7pm, they stomp heavily on my ceiling. I turn down before sundown. It's not even very loud though. I can converse at a normal level right next to... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2022

A Michigan attorney could advise best, but your question remains open for four weeks. At this point, you could consider reaching out to a landlord-tenant attorney to advise of your options. They should have insight into the issues you raise, along with what remedies may be available to you. Good... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can I sue a foot soak company for advertising false ingredients, and consequently my skin peeled off

Hi; I bought a foot soak off Amazon, and after I used it all the skin on my feet peeled off. It wasn’t enough to cause bleeding, but it was quite alarming. After looking at the product again, I noticed the ingredients listed on the product for sale, were not the ingredients in the product I... Read more »

Brent T. Geers
Brent T. Geers
answered on May 19, 2022

Possibly. You should look into an attorney who does civil litigation around the consumer protection act or products liability.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Michigan on
Q: Someone broke into my house and stole all my mail and personal documents with my identity information
Brent T. Geers
Brent T. Geers
answered on May 4, 2022

I assume you contacted the police? If so, you'll probably need a copy of the police report to show fraud on any of your financial accounts. Other than that, let the police do what they do.

1 Answer | Asked in Civil Litigation for Michigan on
Q: How can i verify an address for a defendant?

I used a process server. They were unsuccessful. The skip search came back with the address i already had. I motioned for alternate service and was denied.

Brent T. Geers
Brent T. Geers
answered on May 3, 2022

Use a different process server and one that will provide an affidavit as to their efforts.

1 Answer | Asked in Civil Litigation for Michigan on
Q: How can i verify an address of someone i need to serve?

Skip search address came back for the address i already had. I got a postal verification but i haven’t heard anything back it’s been weeks.

Brent T. Geers
Brent T. Geers
answered on May 3, 2022

Are you waiting to serve by certified mail? You may need to hire a process server.

1 Answer | Asked in Consumer Law and Civil Litigation for Michigan on
Q: Should I deny the complaints in the summons and complaint I received for an old debt even if I know the debt was mine?

I was served in regards to an old debt. The debt is mine, but I'm unsure if the amount is correct as I paid part of it in the past. Most of what I've read says to deny the complaints just to make them prove its actually mine and that the amount is correct. Is this a good idea? Solosuit... Read more »

Adam Alexander
Adam Alexander
answered on Apr 27, 2022

You just posted on line that "the debt is mine". Be careful now denying to the court that the debt is yours.

Depending on the amount of money the debt collector is suing you for, you should consider hiring a lawyer.

There are legal defenses available to you that you may...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Was I falsely imprisoned? Potentially illegally detained?

Hello, a few years ago I was on probation. An officer came to my home and arrested me on an alleged probation violation. I was taken to the local county jail, processed booked and placed in a holding cell. An hour or less goes by, they come and tell me I'm being released. Someone made a... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2022

It doesn't sound like unlawful imprisonment when a probation officer acted under color of law (e.g. alleged probation violation) to arrest you.

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