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Michigan Civil Litigation Questions & Answers

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 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 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,...
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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 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...
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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 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 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 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 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 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 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 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 »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on

Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection company is... Read more »

Trent Harris answered on Feb 22, 2019

No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.

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1 Answer | Asked in Traffic Tickets and Civil Litigation for Michigan on

Q: I need to take care of a 14 year old traffic for driving on suspended license what's my options

Frank B. Ford answered on Feb 7, 2019

Contact the court to see if there is a warrant for your arrest. If so, find out what the amount of the bond is. You would normally then have to go to the police department, but sometimes directly to the court, to turn yourself in on the warrant and post the bond, and get the charge set for a... Read more »

1 Answer | Asked in Civil Litigation for Michigan on

Q: what is the legal recourse, Michigan, after already giving a full name to law enforcement as required under Fed law

and not showing an ID card, DL, etc...

Brent T. Geers answered on Jan 21, 2019

I'm not sure what recourse you'd be looking for. If you've properly and truthfully identified yourself to law enforcement, they either arrested you or not based on why they asked you to identify yourself in the first place. If you are not arrested or facing criminal charges at this point, it seems... Read more »

1 Answer | Asked in Civil Litigation for Michigan on

Q: Processer tried to serve me. Local court docket shows I have a civil suit case. Do I have to go to court

Will I be found guilty and check garnished if I don't show up

Brent T. Geers answered on Jan 21, 2019

In civil cases, you're not found guilty; you may be found liable or responsible. If you do not show up to court, you lose the ability to defend yourself and eventually the person suing you will receiving a default judgment, allowing them to legally collect whatever money they say you owe them. That... Read more »

1 Answer | Asked in Civil Litigation, Education Law and Civil Rights for Michigan on

Q: My public school is having a school sponsored dance but they are only allowing females to attend. Is this legal?

Brent T. Geers answered on Jan 9, 2019

Unless they are prohibiting the organization and sponsorship of a similar male-only dance, I'm not sure there is a violation here.

1 Answer | Asked in Civil Litigation for Michigan on

Q: if a parent gives their dependent a car, and the car is in their name, can the parent falsely report the car stolen?

also what would the repercussions be if any

Brent T. Geers answered on Oct 2, 2018

Whether the report would be false at that point is very much fact-dependent. How would this dependent be able to prove he or she has continuing permission to use the car?

1 Answer | Asked in Family Law and Civil Litigation for Michigan on

Q: How do I amend an affidavit of paternity from Michigan?

I need to add fraud and misrepresentation/ misconduct to my original affidavit

Brent T. Geers answered on Oct 2, 2018

You may need to seek leave to amend your complaint. You definitely need to seek out a lawyer to assist you with that as the procedure for doing so is not that intuitive.

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Michigan on

Q: Neighbor wants trees cut down on lot next to them

My father owns a water front lot next his sister in law, her lot has a house, my dad's is undeveloped, there are two trees which are leaning, she thinks they are going to fall and hit her house, my dad and several others that looked say they won't hit her house there are trees on her lot blocking... Read more »

Kenneth V Zichi answered on Oct 2, 2018

I assume (hope!) you have insurance to cover liability if something bad does happen.

That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages.

In THIS case, the fact that this discussion has happened may make your insurance company...
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1 Answer | Asked in Civil Litigation, Medical Malpractice and Federal Crimes for Michigan on

Q: What are the MI state and Fed laws for transporting and delivering prescription medications?

I work for a company that transports medications to medical facilities. We are now being asked to, as drivers, to sign narcotic manifests, confirming that specific narcotics were delivered to said facility if said facility requests that the driver signs. This would require that the drivers handle... Read more »

Brent T. Geers answered on Sep 28, 2018

Your situation is much too complicated to answer here as it involves drug laws and likely interstate commerce issues. It would seem that your employer is attempting to shore up the chain of custody, which they may very well be required to do by any number of state and federal regulations pertaining... Read more »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Michigan on

Q: Contracted with Lowe's for roof install. Contractor didn't have certification for install or warranty. Damage occured.

Contract stated that a certain company would be the contractor and installer. Contractor on contract then subcontracted work but was unable to install the roof correctly. Contractor should have had master elite certification through GAF per the contract so that I could receive the silver warranty... Read more »

Trent Harris answered on Sep 12, 2018

It sounds like you have a possible breach of contract case. Your contract with Lowe's probably includes provisions about what to do in the event of a dispute. You will need to follow the contract, including any procedures for alternate dispute resolution. Because Lowe's is a big company and does a... Read more »

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