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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Michigan on
Q: What should you do in the case of trying to file a small claims case on someone already sitting in jail?
Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

You can go ahead and file. Just keep in mind that even if you are right, in a civil matter, a judgment comes down to a piece of paper that says Person A owes Person B x-amount of money. You still need to collect it through legal means.

2 Answers | Asked in Personal Injury, Real Estate Law and Civil Litigation for Michigan on
Q: My bedroom ceiling collapsed on me in my sleep. The property manager was aware that the ceiling was cracked.

I inhaled lots of fiberglass insulation and sustained a foot injury so I went to the ER.

Thomas. R. Morris
Thomas. R. Morris answered on Oct 12, 2021

Ouch. If you are a tenant, the landlord is likely to be liable. The landlord's insurance carrier may offer a settlement. You could take the settlement, or, if you can find an attorney to take the case, you could sue to see if you get more. If you hire an attorney, that might increase the... Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Michigan on
Q: what does Law code 15USC1662B mean in lamens terms. The Truth in Lending.

I keep hearing about this law i have looked it up but i dont understand the way it is written. as i am told "it is illegal to charge for a down payment on a vehicle from a car lot dealership.

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

Truth In Lending covers what must be disclosed by lenders to consumers. It's impossible to summarize what is a voluminous piece of legislation covering many different scenarios. If you have any doubts about what is presented to you by a car dealership, or any other lender, you should consult... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Identity Theft for Michigan on
Q: My x took my title and forged my signature to transfer my car into his name illegally

I need to know what to do in order to get the police to do something about this felonious crime.

Brent T. Geers
Brent T. Geers answered on Sep 20, 2021

I'm unsure what else you can do other than file a police report.

1 Answer | Asked in Civil Litigation for Michigan on
Q: My son is keeping all my property and won't give it to me. I was living there but left what can I do

I lived there for 4 months but my son is violent, controlling and he didn't kick me out but it wasn't going to be good if I went back. I've asked for 3 days for my stuff, in person and text but still won't give it to me. In our town the cops don't arrest him and he does... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 24, 2021

File a claim and delivery action in court. And even though it's your son, you still possibly have tenant rights that you could seek the advice of an attorney.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can I be kicked out of a public festival because the (volunteer) person running the beer tent has a vendetta against me?
Brent T. Geers
Brent T. Geers answered on Aug 8, 2021

Yes. Just because it's a public event doesn't mean that there's an open-ended invite. If this person were tasked with running the beer tent, that is his or her domain - volunteer or not. So long as they didn't kick you out because of a protected status (e.g. race or gender), you... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: Hi im from Michigan i live in a duoplex. I accidently looked into the person downstairs window. Am i a peeping tom?

She yelled at me i have autisim and a bit confused i didnt even know she was in there i was looking that way because my dog was over there. Im very confused and scared. I dont fully understand what i did. Oh btw the side of the house is shared between us and her. My sister got upset and called the... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 23, 2021

I think the police are right (this time). Stay away from her and give it some time for cooler heads to prevail.

2 Answers | Asked in Civil Litigation for Michigan on
Q: What happens if I don't go to zoom court over a restraining order
Brent T. Geers
Brent T. Geers answered on Jul 7, 2021

No way of telling without knowing the hearing purpose and whether you are the petitioner or respondent. PPO proceedings are quasi-criminal, but with the exception of violations and some collateral consequences, the general civil procedures apply. If you are a respondent and you don't appear,... Read more »

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Michigan on
Q: I won a small claims judgment, for 6096.00 in Inkster MI, against a apartment management corp, but unable to collect.

I have garnished their bank account … it was $1.11 in it. Then I had a court order for the Wayne county sheriff seize property but this has not been successful either. How can I collect my judgment from someone or entity that refuses to cooperate?

Brent T. Geers
Brent T. Geers answered on May 10, 2021

You've asked the $64,000 question. You may have what can be called a judgment proof debtor. You have right now a piece of paper saying someone legally owes you money; that paper is just - a piece of paper - unless and until you can legally collect.

All you can really do is keep trying...
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2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: For a Video of themed addresses Owner Release / permission required if I only use publicly obtainable images and info?
Michael Zamzow
Michael Zamzow answered on May 3, 2021

It's not entirely clear what you're asking. But, publicly obtainable images doesn't mean the images are in the public domain. And videos containing images that are not properly licensed, particularly ones produced with a commercial purpose, may create unnecessary liability and risk... Read more »

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1 Answer | Asked in Civil Litigation and Medical Malpractice for Michigan on
Q: I was invited abroad as one of three finalists for a lucrative job. My doctor's office gave me the wrong COVID test.

The potential employer paid for my ticket. I was informed at the check-in counter that I wasn't allowed to fly because I had received the wrong COVID test. I went through four rounds of interviews to get to the finalist stage. When they found out I couldn't fly, the organization... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 24, 2021

Interesting facts...I think the damages would be a bit speculative: as you stated, you weren't guaranteed the position, and otherwise suffered no expense (other than time, etc.). And even if you were able to overcome that hurdle, I would think those damages would be mitigated by your current... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can you take someone to small claims if they have been making monthly payments?

This client has had an outstanding bill since 2012. The client has made $5-$10 monthly (sometimes every other month) payments. At this rate is is going to be 12-13 years before recovering the total amount owed. Also when the client makes payment it is normally sent in to run a debit card which... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 23, 2021

Maybe.

(1) It depends on whether or not the creditor is an entity. If so, small claims would likely be inappropriate and the entity attorney might be required to file in district court. If the creditor is an individual, small claims might be appropriate.

(2) Likely the most...
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2 Answers | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: My partner n I recently split up n she refuses to move.Her name is not on any bill or lease.How do I make her move?

She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 22, 2021

If she is holding over after a 'legal' lease (whether or not her name is on anything the facts you present make her a 'legal' tenant on a month to month basis at the very least) you DO need to go through an eviction process if she refuses to move out voluntarily.

That...
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1 Answer | Asked in Civil Litigation for Michigan on
Q: Can the local law enforcement call on phone and demand a person not contact someone without an actual PPO being filed?

Also called again and told to remove facebook post.

Brent T. Geers
Brent T. Geers answered on Feb 19, 2021

Depends on how much you want to press the issue; do you want an actual PPO against you? Because that would likely be the next step.

1 Answer | Asked in Traffic Tickets and Civil Litigation for Michigan on
Q: I illegally got pulled over

In michigan for tinted windows in the front then he gave me a no insurance ticket can i get both dismissed

Mark Bredow
Mark Bredow answered on Jan 16, 2021

It is nearly impossible to "prove" that you were pulled over illegally. Don't waste your time. You will irritate the court and harm your case. All police need is "reasonable suspicion" that a traffic offense could be occurring to pull you over for a brief investigation.... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: is there a law in michigan about first to record the deed is the owner?

i sold a property i aquired from a probate sale that had a squatter in it, i had a signed and notorized quit claim deed but the squatter sued me claiming the deceased drove to the house and signed a bogus land contract for a 175,000 home for 2000.00 a year. what he didn't know was that the... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 15, 2020

I would otherwise agree with what you are saying, however you stand now in a different position from your co-defendants because you are in default. Unfortunately, there are many procedural rules you must follow even if you are right. You would need to motion the court to set aside the default... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Michigan on
Q: How do I divest myself of interest in an LLC; 50/50 Members in a dispute. Accountant says I can turn it over to State.

Accountant says I can turn it over to State of Michigan division of corporations.

Thomas. R. Morris
Thomas. R. Morris answered on Dec 11, 2020

There is no procedure for the state to accept a transfer to it of a membership interest in an LLC. It should be possible to resign as a member. You should consult with an attorney who can review the entire situation, and the accountant may be useful for advice as to potential tax consequences or... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Michigan on
Q: LLC in its own right may not sue a 50 percent Member shareholder except for what circumstances? Are there citing cases?

Business Court. I need an attorney for limited scope representation to dismiss an action by a LLC against a Member of the LLC. The question is whether the LLC in its own name may sue a Member without 90 day notice in advance and under what circumstances.

Thomas. R. Morris
Thomas. R. Morris answered on Dec 5, 2020

The Michigan LLC Act does not require advance notice prior to a suit against a member. Does the operating agreement for the LLC so provide? If not, and unless the LLC was formed in a jurisdiction that has an advance-notice requirement, there is no such requirement.

2 Answers | Asked in Contracts, Business Law and Civil Litigation for Michigan on
Q: Does Michigan LLC Member have to be represented by an attorney when answering a complaint filed by a Member for the LLC

LLC filed a complaint against a MEMBER in the LLC on behalf of the LLC and the Judge said I have to have an attorney but a lawyer told me I don't need a lawyer because I am not defending the LLC

Thomas. R. Morris
Thomas. R. Morris answered on Dec 3, 2020

Yes. The LLC is a separate entity that cannot represent itself and therefore must be represented by an attorney.

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1 Answer | Asked in Civil Litigation for Michigan on
Q: My grandson and girlfriend bought a house together. His credit wasn't good enough she got the mortgage. His name is

On the deed. He put 16,000 down. Had to say its a gift.What can he do? To recover any of his money, and home improvements. Thank you,

Brent T. Geers
Brent T. Geers answered on Nov 30, 2020

Are they now splitting? At some point, one person would need to "buy out" the other in exchange for a deed. That is when your grandson would need to negotiate. Legally, he will be between a rock and a hard place on the downpayment; it's legally a gift, with no obligation on the... Read more »

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