Michigan Questions & Answers by Practice Area
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Michigan Questions & Answers
Q: Was suing a coll agency for FDCPA under Sec 806, 807(b) and 809 (b). They've filed a not of removal to fed. look st law
David Soble's answer
You might want to consider the MICHIGAN OF FAIR DEBT COLLECTION ACT, MCL 339.915 which concerns multiple violations of the Michigan Occupation Code, and more specifically
MCL 339.918, entitled Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.
You might want to consider the MICHIGAN OF FAIR DEBT COLLECTION ACT, MCL 339.915 which concerns multiple violations of the Michigan Occupation Code, and more specifically
MCL 339.918, entitled Communication with consumer; notice; effect of disputing validity of debt; verification of debt; failure to dispute validity of debt.
Q: The apartment i live in has a management corp. running the complex. Can i sue both owner & mgmt or just mgmt?
Thomas. R. Morris' answer
You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents, such as the "management corp."
You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents, such as the "management corp."
Q: My apartment company called me saying they paid a utility bill from an electric company that I don't use. What do I do?
1 Answer
| Asked
in
Business Law, Energy, Oil and Gas and Real Estate Law
for
Michigan
on
Answered on Feb 11, 2019
Answered on Feb 11, 2019
David Soble's answer
Sounds strange. I would want to see the invoices first before paying for the alleged invoices. I am not sure how two different utility companies can service your one residence unless one provides the gas and the other provides electric. Trust but verify.
Sounds strange. I would want to see the invoices first before paying for the alleged invoices. I am not sure how two different utility companies can service your one residence unless one provides the gas and the other provides electric. Trust but verify.
Q: My tenants lease expires 3/30. They want to do a walk through that date. Must I give them their security deposit then?
David Soble's answer
You don't need to have the tenant there to do a walk through of the property, however, you do need to complete the check out list and provide them with a copy of your checklist with an itemized list of damages and costs for repairs within 30 days after the termination of occupancy.
Michigan law also requires that the tenant has an obligation to notify their landlord in writing within 4 days after their move out date of a forwarding address where they can be reached and receive mail;...
You don't need to have the tenant there to do a walk through of the property, however, you do need to complete the check out list and provide them with a copy of your checklist with an itemized list of damages and costs for repairs within 30 days after the termination of occupancy.
Michigan law also requires that the tenant has an obligation to notify their landlord in writing within 4 days after their move out date of a forwarding address where they can be reached and receive mail;...
Q: A cop called asked to come in for questioning.
Brent T. Geers' answer
Ordinarily you are under no obligation to go and talk with the police, regardless if your mom told them you would. Whether it's in your best interest to do so should be discussed in depth with an attorney before talking with the police.
Ordinarily you are under no obligation to go and talk with the police, regardless if your mom told them you would. Whether it's in your best interest to do so should be discussed in depth with an attorney before talking with the police.
Q: In Michigan, it is my understanding that the probate proceedings must occur in the county where the individual died.
Trent Harris' answer
Venue for a decedent who dies in Michigan depends on whether they were domiciled here (i.e., Michigan was the place where they had their home, with intent to remain indefinitely). If the decedent was domiciled in Michigan, then venue is in the Michigan county where the decedent had their domicile.
If the decedent was not domiciled here, then venue for estate proceedings is in a Michigan county where property of the decedent was located at the time of death. MCL 700.3201(1)(b) This...
Venue for a decedent who dies in Michigan depends on whether they were domiciled here (i.e., Michigan was the place where they had their home, with intent to remain indefinitely). If the decedent was domiciled in Michigan, then venue is in the Michigan county where the decedent had their domicile.
If the decedent was not domiciled here, then venue for estate proceedings is in a Michigan county where property of the decedent was located at the time of death. MCL 700.3201(1)(b) This...
Q: My ex keeps taking our child somewhere I don't think is safe for him to be, can I legally have her not take him there?
Brent T. Geers' answer
If you can articulate verifiable reasons to a judge that 1) she actually is taking your child someplace, and 2) it is unsafe for the child, then possibly. You will need more facts than just a feeling or belief that a place is unsafe. For example, if you think she's taking the child to a drug house, has there been a police raid or have people recently been arrested out of there for drugs? Again, it has to be more than just you thinking something is going on.
If you can articulate verifiable reasons to a judge that 1) she actually is taking your child someplace, and 2) it is unsafe for the child, then possibly. You will need more facts than just a feeling or belief that a place is unsafe. For example, if you think she's taking the child to a drug house, has there been a police raid or have people recently been arrested out of there for drugs? Again, it has to be more than just you thinking something is going on.
Q: I dont receive assistance but my child does receive Medicaid. Can they force him to pay support if I say I don’t want
Brent T. Geers' answer
The state will not ask first, they will impose a child support order calculated by the Michigan Child Support Guidelines. There is no negotiating as to the amount.
The state will not ask first, they will impose a child support order calculated by the Michigan Child Support Guidelines. There is no negotiating as to the amount.
Q: I need to take care of a 14 year old traffic for driving on suspended license what's my options
Frank B. Ford's answer
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 Pre-trial. Make sure that all the issues that are or were keeping you from having a valid license are taken care of, if possible. It is a very good idea to have an attorney helping you with this type of...
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 Pre-trial. Make sure that all the issues that are or were keeping you from having a valid license are taken care of, if possible. It is a very good idea to have an attorney helping you with this type of...
Q: I was wondering if there was a way to get a list of debt that I owe?
Trent Harris' answer
Yes, there is a way.
First, pull a copy of your credit report. You can get a free copy of your credit reports from the 3 major Credit Reporting Agencies (Experian, Transunion, and Equifax) from the site http://annualcreditreport.com. This will give you an ideas of any debts that are being reported under your name.
Second, review your files (whether physical or electronic) to see who you have bought goods or services from. If you suspect you didn't pay their bills, you could...
Yes, there is a way.
First, pull a copy of your credit report. You can get a free copy of your credit reports from the 3 major Credit Reporting Agencies (Experian, Transunion, and Equifax) from the site http://annualcreditreport.com. This will give you an ideas of any debts that are being reported under your name.
Second, review your files (whether physical or electronic) to see who you have bought goods or services from. If you suspect you didn't pay their bills, you could...
Q: Owe on a loan. No payments made in 8 years. Can they take money out of my bank accounts?
Adam Alexander's answer
More information is required to provide you with an answer. Is there a judgment against you? If so, what court, have they filed a writ of garnishment, have they taken any collection actions?
I suggest you provide a new question including very detailed dates and facts. That way you will receive a response that will be much more helpful.
More information is required to provide you with an answer. Is there a judgment against you? If so, what court, have they filed a writ of garnishment, have they taken any collection actions?
I suggest you provide a new question including very detailed dates and facts. That way you will receive a response that will be much more helpful.
Q: I have payday loans from couple years ago. I want to file bankruptcy can i include them?
Trent Harris' answer
Yes. When you file bankruptcy you are supposed to list all of your debts, regardless of whether you want to “include” them in your bankruptcy or not. Payday loans are usually unsecured loans, and would be able to be discharged along with your other general unsecured debts. You’ll need to file bankruptcy in the place where you’ve lived for the last 180 days or majority of that time - sounds like Ohio for you.
As always, you get what you pay for. Be sure to talk to a qualified...
Yes. When you file bankruptcy you are supposed to list all of your debts, regardless of whether you want to “include” them in your bankruptcy or not. Payday loans are usually unsecured loans, and would be able to be discharged along with your other general unsecured debts. You’ll need to file bankruptcy in the place where you’ve lived for the last 180 days or majority of that time - sounds like Ohio for you.
As always, you get what you pay for. Be sure to talk to a qualified...
Q: If a father is not present at the time of birth can he be put on the birth certificate by the mother?
Brent T. Geers' answer
Absolutely! Any number of fathers are unable to be present at a child's birth; it is not a requirement to be at the birth to be on the birth certificate.
Absolutely! Any number of fathers are unable to be present at a child's birth; it is not a requirement to be at the birth to be on the birth certificate.
Q: My husband has anger issues and has been getting increasingly worse.
1 Answer
| Asked
in
Divorce, Family Law and Domestic Violence
for
Michigan
on
Answered on Feb 3, 2019
Answered on Feb 3, 2019
Brent T. Geers' answer
Yes, but PLEASE see a local family law attorney immediately. There are legal and practical consequences to consider that an experienced and skilled family law attorney will know and advise you on.
Yes, but PLEASE see a local family law attorney immediately. There are legal and practical consequences to consider that an experienced and skilled family law attorney will know and advise you on.
Q: if my wife's name was forged on a quit claim deed 10 years ago. and we just found out today.
Brent T. Geers' answer
You may have some recourse, but it is very fact-dependent. Presumably, the quit claim deed was notarized, so if your wife is saying she didn't sign, then either the notarization was falsified, or the notary didn't do his or her job properly - all of which needs to be proved of course in court.
There is a valid legal argument to be made that the clock on the statute of limitations doesn't start until you know or should have known of a claim. That said, your wife should be prepared for...
You may have some recourse, but it is very fact-dependent. Presumably, the quit claim deed was notarized, so if your wife is saying she didn't sign, then either the notarization was falsified, or the notary didn't do his or her job properly - all of which needs to be proved of course in court.
There is a valid legal argument to be made that the clock on the statute of limitations doesn't start until you know or should have known of a claim. That said, your wife should be prepared for...
Q: Why does my son have to pay child support to the mom when she hasn't had their child in 5 years but she gets the money?
Brent T. Geers' answer
The obligation to financially support a child is independent of the right to have a parental relationship with the child through custody and parenting time. Child support is quite bluntly, a formula; you plug in some numbers and out comes a payment amount. All things being equal, the best, most involved parent pays the same amount as the parent who does nothing.
Custody and parenting time incorporate a whole host of other factors to determine what is in the child's best interest. Just...
The obligation to financially support a child is independent of the right to have a parental relationship with the child through custody and parenting time. Child support is quite bluntly, a formula; you plug in some numbers and out comes a payment amount. All things being equal, the best, most involved parent pays the same amount as the parent who does nothing.
Custody and parenting time incorporate a whole host of other factors to determine what is in the child's best interest. Just...
Q: How do I get help dropping a no contact order
Brent T. Geers' answer
Your first step is to talk with the victim/witness coordinator at the prosecutor's office. You may ultimately need to convince a judge on the record that it should be dropped. Courts take no-contact orders in domestic violence cases seriously and will not just drop it.
Your first step is to talk with the victim/witness coordinator at the prosecutor's office. You may ultimately need to convince a judge on the record that it should be dropped. Courts take no-contact orders in domestic violence cases seriously and will not just drop it.
Q: Unofficial contract validity?
Brent T. Geers' answer
What do you mean by "unofficial". Just because it's not done or signed by the apartment complex doesn't make it unofficial. If he or she signed it, you may have a case.
What do you mean by "unofficial". Just because it's not done or signed by the apartment complex doesn't make it unofficial. If he or she signed it, you may have a case.
Q: Can I hold the VA responsible for not healing properly from a surgery in 2012 - I have numbness on the surgical line
Brent T. Geers' answer
Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....
Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....
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