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Michigan Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Business Formation for Michigan on
Q: does a foreign llc in michigan with certificate of authority for xyz llc. need dba if using another name

Specifically, MICHIGAN LIMITED LIABILITY COMPANY ACT (EXCERPT)

Act 23 of 1993, requires the following.

Sec. 206. (1) A domestic or foreign limited liability company may transact business under an assumed name or names other than its name as set forth in its articles of organization... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2023

According to the sections you cited, yes, which is consistent with the statutory scheme.

1 Answer | Asked in Consumer Law for Michigan on
Q: My dad died. I have his car. He got several letters stating the car was paid off. Then they said it wasn't.Legal status?

If it's put in writing that it's paid off can I use that legally or do I have to still pay what they now say is owed ($1500)?

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2023

No one can give a definite answer without seeing the writing and determining who it's from. The best place to start would be the secretary of state to see if their records show a lien on file.

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is the owner of the dealership responsible for the seller's actions? If so, where could I find this law for court?

I recently bought a car from a used car dealership in MI that was greatly misrepresented. The seller was just a guy who the owner was allowing to sell cars out of his dealership, not an employee. After many issues, I sued the person and the dealership, and the seller has since fled the country. Is... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2023

Do you have a judgment against the seller? If you do, you may be precluded from now going after the dealer because generally you need to bring in everyone you can when you first file an action. If you don't have a judgment, you will need to somehow legally tie the dealer to the seller.

1 Answer | Asked in Consumer Law and Energy, Oil and Gas for Michigan on
Q: So my family got behind on our water bill payment. We are still receiving water bills even while it’s off. Is it Legal?
Brent T. Geers
Brent T. Geers
answered on Jan 3, 2023

The bills are presumably for the amount owed, which does not go away even when they shut the water off. In most cases, that amount owed becomes a lein on the property, which means it cannot be sold without being paid off.

1 Answer | Asked in Products Liability and Consumer Law for Michigan on
Q: Purchased a used vehicle 11/23/22, problems arose after further research about the vehicle history. Can I get a refund?

Seller said nothing wrong with vehicle. Said the trans was rebuilt and had a recent oil change. Upon further inspection AFTER the purchase, break lights don’t work, tailgate sticks/doesn’t stay up, battery needs to be replaced, needs O2 sensor, replace ABS control module, original VIN... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2022

Unlikely. Is this a private seller? This is a classic caveat emptor situation: until the point where money and title changed hands, you had the ability to investigate, and either negotiate for a lower price or walk away. Unless the seller warranted, guaranteed, or promised you something, I think... Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... Read more »

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

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... Read more »

1 Answer | Asked in Banking and Consumer Law for Michigan on
Q: Is it illegal to dispute items that are accurate but negative on your credit to qualify for better credit terms?

Is it illegal to get negative items removed from credit and then use that updated credit report to apply for credit?

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2022

Not necessarily illegal, and in fact that is or was a commonly-pushed strategy of credit repair shops. When you dispute an item, the credit bureau contacts the creditor for verification. If no verification is received timely, then the credit bureau is supposed to take it off your report. So the... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Michigan on
Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?

Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 31, 2022

I assume you mean rescind not resend.

No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but...
Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Michigan on
Q: which lawer do i get in contact with to help me getting my gun rights restoration
Brent T. Geers
Brent T. Geers
answered on Oct 8, 2022

There are attorneys who specialize in this, but generally, any criminal or appellant lawyer could assist.

1 Answer | Asked in Consumer Law for Michigan on
Q: I paid a company $4000 to build me an E-commerce website and have received nothing. I made a dispute claim with my bank

and today find out the back did a reversal. The bank said they received some paperwork from the company which they are sending me. So my bank won’t do anything, I constantly call this company either no and or busy signal. Again I received nothing no website nothing . All I want is what I paid for... Read more »

Michael Zamzow
Michael Zamzow
answered on Aug 4, 2022

It will depend on the contract on the legal side, and where the company is located on the practical side. Without reviewing those pieces of information, your most likely remedy is a lawsuit.

2 Answers | Asked in Consumer Law, Small Claims and Lemon Law for Michigan on
Q: Can I sue Ford in small claims court for faulty engine.

My Ford escape with EcoBoost engine blew up. This is a common problem there are class action lawsuits. Can I sue Ford in small claims court and would it be worth it.

Brent T. Geers
Brent T. Geers
answered on Jul 26, 2022

Can you? Yes. Should you? No. You need to understand that major corporations like Ford have entire departments full of attorneys working for them, any of whom would have a field day with a pro se litigant. The first thing they will do is remove the case to the general civil docket because 1)... Read more »

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1 Answer | Asked in Consumer Law for Michigan on
Q: Purchased a car from dealership in Fla. fee's added for stuff never asked for, also had to tell finance I put $$ Lie

Was sick several months then father passed.... fell behind several months.... was backed into corner, had to have car, they knew it.... options?

Brent T. Geers
Brent T. Geers
answered on Jul 26, 2022

You may have some cause regarding added fees, depending on what they are for. But the remedy for that is to adjust the contract amount. It won't save your car if that is the concern. The reason behind executing a contract is generally not a defense or reason to get out of it; in short, it... Read more »

1 Answer | Asked in Landlord - Tenant, Consumer Law and Insurance Bad Faith for Michigan on
Q: My storage was broken into, I filed a claim & made a police report. My claim was denied.

The thieves broke off both my locks and put their own locks on so I couldn't get into my storage. The storage company siding with the insurance company which I pay insurance on my storage monthly. My claim was denied.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2022

What exactly is your question?

I can’t imagine a storage company ‘siding with’ anyone. Had you paid your storage bill? The scenario is unclear.

If you didn’t pay your bill they COUKD have auctioned off you’d stuff for back rent and Re rented the unit to someone else who...
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...
Read more »

2 Answers | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a company for TCPA violations in my local small claims court if the telemarketer’s in a different state?

A company called me 18 times, even though I’m on the national do not call registry, and have been since 2016 (I have proof of both, and the telemarketer recorded a voicemail every time).

Since I don’t have an existing relationship with the company, I understand each call allows me to... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 23, 2022

I think you're right that you can sue them. I would try consulting a consumer rights attorney before trying it on my own. And I would plan to go ahead and sue in the general civil division (district court), not small claims. In small claims, neither party can have an attorney, and a business... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is it the manufacturers fault or the dealerships fault? Also should I hire and attorney and if so which type?

A recall (ECU software update) that came with an emissions warranty came out in 2019. I tried to have the recall done in 2019, dealership said they couldn't do it due to modifications made to the vehicle. In 2021 I went back to have the recall completed with same "modifications"... Read more »

Adam Alexander
Adam Alexander
answered on May 27, 2022

I suggest you hire a lawyer to address this matter. At the very least you should have an attorney send a demand letter to both the manufacturer and dealer.

1 Answer | Asked in Consumer Law for Michigan on
Q: Is it legal for a power company from another state to demand payment from my friend?

It turns out her ex’s power bill is still in her name (they used to live together), and his late payments have been affecting her credit score. He lives in Indiana, while she is in Michigan. Today she called the company to get her name off of the bill, but now they’re demanding she pay for the... Read more »

Brent T. Geers
Brent T. Geers
answered on May 2, 2022

Yes, it's legal for them to demand payment from her. Her name is on the bill, so it's her they will look to for payment; doesn't matter who actually lives there.

Your only possible recourse would be against the ex; but I assume there was a reason why the bill wasn't in...
Read more »

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...
Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: I bought something online through a website. I was told that I would be able to get a refund if need be.

She has scammed others and I have the proof online from reviews. I just want my money back and she’s refusing to give it to me like she promised. She asked me to stop emailing her and got mad when I said I’d have to involve the authorities.

Evan Ficaj
Evan Ficaj
answered on Apr 20, 2022

Save all communications or documentation, especially where she said she would provide a refund. Also, save all receipts, contracts, and terms & conditions. If this is on her website, try saving the site as a .pdf with the URL and timestamp in the header or footer. Then, if you paid with a... Read more »

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