Michigan Questions & Answers

Q: My question should have been “how can I represent myself and reduce misdemeanor to just fine”

1 Answer | Asked in Traffic Tickets for Michigan on
Answered on Dec 11, 2017

The cost of an attorney varies depending on a number of factors, such as the city in which the ticket was issued, what the actual charges are, the attorney's level of experience, and their experience in the particular court. If you haven't called a couple of attorneys to see what it would cost, I suggest you do so before assuming you can't afford representation. You can always represent yourself, and talk directly with the prosecutor to convince him or her that you are deserving of a break,...
View Details »

Q: Do I have to / should I stop paying on credit cards debts before I can file for bankruptcy?

2 Answers | Asked in Bankruptcy for Michigan on
Answered on Dec 9, 2017

If you are absolutely sure you qualify for a bankruptcy then stop paying and save your money to hire a good bankruptcy attorney.
View Details »

Q: Realtor sold us a home that was inspected by an inspector some things were fixed and some weren't, seller was paid off &

2 Answers | Asked in Real Estate Law for Michigan on
Answered on Dec 9, 2017

Oh, if it were only that simple. First, you'll need to look at the provisions of the purchase agreement. Did you have an inspection contingency? What were the results of your inspection ? Are there written representations from the Seller that the items to be fixed pursuant to the Michigan Seller's Disclosure Act, would indeed be fixed? Real estate agents are not often held liable for their verbal representations unless they are 'grossly negligent" or make intentionally misleading...
View Details »

Q: I went through chapter 7 bankruptcy and kept my car. Why does my credit report say closed account do I have to pay on it

2 Answers | Asked in Bankruptcy for Michigan on
Answered on Dec 8, 2017

Did you sign a reaffirmation agreement and was it filed? If so then you can keep the car as long as you keep current on the payments.

If you didn’t sign a reaff then the lender will probably repo it if you stop paying.

You probably didn’t sign/file a reaff. That would explain the credit report entry.
View Details »

Q: What is taken into consideration for including student loans in bankruptcy.... trying to figure if I have a good chance

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Dec 8, 2017

The bankruptcy court uses something called the Brunner test. (Named after the definitive case.)

The bankruptcy court looks at the following three factors to determine if repayment of your student loans would cause an undue hardship, thereby justifying discharge of some or all of your student loan debt through bankruptcy.

1 - Based upon your current income and expenses, you cannot maintain a minimal standard of living for yourself and your dependents if you are forced to repay...
View Details »

Q: There is a court order in place since 2006 outlining parenting time for both father and mother.

1 Answer | Asked in Family Law for Michigan on
Answered on Dec 8, 2017

The police will generally not get involved in this process. I say generally because it might be a small department in a small community where the individuals live and are known.
View Details »

Q: My ex husband and his attorney continue to write threatening letters to my attorney. Specifically, they threaten to

2 Answers | Asked in Family Law for Michigan on
Answered on Dec 8, 2017

Talk to your attorney. That's who you're paying. You have control over the situation. Just don't respond to any letter and save your money to pay the attorney if they carry out one of the threats.
View Details »

Q: My ex husband and his attorney continue to write threatening letters to my attorney. Specifically, they threaten to

2 Answers | Asked in Family Law for Michigan on
Answered on Dec 8, 2017

Talk to your attorney. That's who you're paying. You have control over the situation. Just don't respond to any letter and save your money to pay the attorney if they carry out one of the threats.
View Details »

Q: If I file for bankruptcy alone, will it affect my husbands credit or our home?

1 Answer | Asked in Bankruptcy for Michigan on
Answered on Dec 8, 2017

It won't affect his credit score. As long as the mortgage payments are kept current there is no issue with you home. Note that even if he did file there is no issue with the house as long as the mortgage payments are kept current.

In addition to a $335 filing fee which is universal, the attorney fee for a "simple" Ch. 7 can range from about $700 - $1,500 for the attorney fee and costs. Cannot say anything more definitive than that.
View Details »

Q: Agent told us that he had "guys" who could do work for cheap, if we bought the home for a certain price, which was a lie

1 Answer | Asked in Real Estate Law and Lemon Law for Michigan on
Answered on Dec 8, 2017

More information is needed to respond adequately to your question. Essentially, repair/construction work is governed by contract in Michigan. You say you have "conversations and agreement." Do you have a written contract regarding the price and work to be done? If there is no written contract do you have texts, emails or notes that would establish a binding contract and the terms of the agreement? Whether you have a legitimate cause of actions depends on the terms of the agreement and your...
View Details »

Q: Can I ship a firearm back to my FFL through the US Postal Service and have it shipped back to me?

1 Answer | Asked in Contracts, Products Liability, Federal Crimes and Gov & Administrative Law for Michigan on
Answered on Dec 8, 2017

Best answer would be through ATF. Why not see if they'll take Fedex or others who may take it on as a shipment?
View Details »

Q: what happend to me if i missed a court

1 Answer | Asked in Personal Injury and Car Accidents for Michigan on
Answered on Dec 8, 2017

Find out what happened for starters--if you are a witness, you may get a warrant if they need you--you'd want to check with whoever subpoenaed you.

If it's for an arraignment or other you may have a warrant and should consult criminal defense counsel in that county.
View Details »

Q: If my son was murder in a apartment complex can i sued the apartment complex

1 Answer | Asked in Criminal Law, Personal Injury, Landlord - Tenant and Wrongful Death for Michigan on
Answered on Dec 7, 2017

You need to contact a member of the Michigan Assn for Justice who handles Landlord liability. They give free consultations. However a landlord is not required to have a working camera unless that is part of the lease, and security issue cases are often difficult, especially as the Republican legislators and Governors have made Michigan law very unfriendly for those seeking justice.
View Details »

Q: Can you keep your house if you file for bankruptcy?

3 Answers | Asked in Bankruptcy for Michigan on
Answered on Dec 6, 2017

Possibly. This is a question that involves exemptions and other issues. The exemption for a Michigan resident is up to about $57,000 under the "state" exemptions, and about $23,625 under the federal exemptions. There is also a "tenancy by the entirety" exemption that may be possible. I would need more facts to answer your particular question. Otherwise, to provide an answer would be like writing a scholarly article.
View Details »

Q: got a ticket for “disobeying traffic laws”. had to call within a certain amount of days and missed it...what will happen

1 Answer | Asked in Traffic Tickets for Michigan on
Answered on Dec 6, 2017

Well, you should contact the court as soon as possible and find out what the status of the ticket is and what your options are for what to do next. It could be that the court has not yet entered a default and sent that to the Secretary of State, which would then suspend your driver's license. Depending on what the charge actually is (and I think it would be interesting for the officer or prosecutor to show you where in the Motor Vehicle Code such an amorphous charge exists), you may be able...
View Details »

Q: Can a Seller write in a Contract For Deed agreement - if Purchaser defaults, the contract will convert to a rental?

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Answered on Dec 6, 2017

You can certainly do a 'lease with option to purchase' (which is USUALLY how these things are written) but a 'land contract' that reverts to a lease if not complied with is rather unusual.

You should consult with a local attorney (local to where the land is located) and discuss your options and decide how you want to structure things. Most land contracts contain forfeiture and foreclosure provisions that may do what you are thinking ... again, talk with a local attorney to get the best...
View Details »

Q: We have only signed agreements through docusign. There was no price listed, but the realtor added it later. I live out

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Dec 6, 2017

Let me understand. You signed a document with substantive (the price!) blanks in it and are complaining that the real estate agent didn't fill things in like you wanted? What did you expect? NEVER sign documents with unfilled blanks in them!

Depending on your proofs and the agreement you signed with the agent (THAT didn't have blanks in it did it?) you may be able to argue the agent has breached her fiduciary duty, but this is a long shot. What is the status of the agreement? Was the...
View Details »

Q: My husband was denied his immigrant visa. Would he be allowed any other visa at this point? Non-immigrant visa, visitor?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Dec 6, 2017

Most importantly, what was the reason for the denial? Was it a marriage-based immigrant visa? Review of your entire documentation is necessary for a tailored answer. Generally for a nonimmigrant visa he will face scrutiny given that he already presented immigrant intent.
View Details »

Q: I filed for divorce but my wife won t move out. The house is in my name only. How can I make her leave

1 Answer | Asked in Divorce for Michigan on
Answered on Dec 6, 2017

Being incomplete question no specific advice could be rendered. However, you may deal in accordance with prenuptial agreement, if any. This issue may raise up at time of divorce order.
View Details »

Q: Can a landlord send a notice to pay rent or quit after agreeing to exchange tenant work for rent?

1 Answer | Asked in Landlord - Tenant for Michigan on
Answered on Dec 4, 2017

How would you substantiate the said verbal rent agreement linked with repair in exchange / deductible during 6 months rent. Moreover, how would you prove that requisite repairs did take place equivalent to more or less than 6-month rental value ? etc. If you are confident enough to prove that certain amount according to bills were spent out of your pocket and repairs done to make that premises habitable then you must seek restraining order from court in order not to forcibly evict you from...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.