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Michigan Civil Litigation Questions & Answers
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 »

1 Answer | Asked in Business Formation and Civil Litigation for Michigan on
Q: If you post something online for a certain price do you have to sell it at that price or lower?

Let’s say some dealership is trying to be slick and use Facebook marketplace. They post a product for ridiculously cheap knowing that product is way more then the posted price. Could a consumer sue the dealer to get the product for the posted price?

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

As they say, "the devil is in the details". You would really need to ascertain what, if any, strings are attached to the offer, and whether you met all those conditions. Let's just say, for example, a store advertised new refrigerators for $100, but the conditions were that you had... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Michigan on
Q: Injured on a Detroit city bus by a car hitting the bus from behind how do I file a claim against the city insurer?
Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. You should consider consulting with a Michigan attorney without further delay, as accidents involving public carriers could be subject to very short filing deadlines. According to your description, a vehicle struck... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Michigan on
Q: Do I need to answer summary judgement motion if I'm waiting on court hearing

I field a motion to dismiss and filed for hearing . The plaintiff filed a motion for summary judgement last week . My question do I have to answer them if I'm waiting for my court hearing ?

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

Yes, or the motion may be granted, meaning that you lose the suit. You may want to consult an attorney.

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: At what point is personal property considered abandoned?

A friend of mine and his wife split up. She left the dwelling they shared and moved in with family. The divorce is in the early stages currently. She left several of her belongings behind and said she'd return but hasn't. My friend is now wanting to move from the home as the lease they... Read more »

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

Until the divorce is complete, that property is still at issue. Could he box this things up and bring them to her current place?

1 Answer | Asked in Business Law, Civil Litigation and Libel & Slander for Michigan on
Q: So I used the likeness of another person to sell a product without their permission. This person found out.

I used his Linkdlen profile without his permission in my sales presentation but I did not profit from using his likeness. He then said I was a fraud and con man to many other people.

He has now threatened to sue me. What is my best course of action?

Tim Akpinar
Tim Akpinar answered on Sep 28, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. As a starting point, without regard to any applicable state-specific laws, you could try to diffuse the person's anger by providing assurances you ceased and will continue to cease to use his person, his... Read more »

2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Michigan on
Q: Our new houses well is dry, no issues were disclosed, and we've already closed. Are the sellers financially responsible?

I moved my family into a new house in Quincy, Michigan. A day after moving in, our water stops working. It turns out the well is dry, and the whole area is just bad for water. We spoke with multiple well contractors and learned that we can install a good well about 100 yards from the house at the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 11, 2020

Without seeing the closing paperwork and disclosures it is hard to say for sure. You need to have a local attorney look at the paperwork (did you use an attorney to review the closing? You SHOULD have!) to determine if anything like this can survive the closing.

Did you do inspections?...
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1 Answer | Asked in Civil Litigation and Contracts for Michigan on
Q: If I move out of my apartment am I responsible for utilities in my roommates name if I still pay my half of rent

I'm planning on moving out and I still have a lease on my apartment, my roommate wants to take on the full lease at a later time, until then am I responsible for the utilities in her name until then or just what's in my name? We have no agreement outside of the lease with the apartment... Read more »

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

Once we get the facts laid out, the answer will become clear.

If the lease is in your name and you move out with the expectation that the roommate is going to sublet from you, you and the roommate need to determine the terms of the sublet. If the roommate is going to "take on the full...
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1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Michigan on
Q: Can I sue this company under what tort?

I had a verbal agreement (recorded) with a pest control company to remove a wasp nest with ONLY a non residual contact aerosol pesticide which would be used to kill the wasps quickly in their nest then the nest would be put in a bag and pulled down. I was assured that the chemical used would not... Read more »

Adam Alexander
Adam Alexander answered on Sep 1, 2020

You want to know if you have a meritorious case. A lawyer will require a lot more information to answer this question. The biggest problem with your potential case is the verbal contract. Your recording may or may not be admissible in court based on multiple factors. If it's not admissible,... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Are you legally obligated to hold a roommates Left behind belongings who moved with no notice to another state?

I was told by my roommate she was moving and not returning. She left behind a lot of stuff when she left Michigan for Arkansas. I received about an hours notice that she was moving out.

Brent T. Geers
Brent T. Geers answered on Jul 7, 2020

Your roommate may have abandoned her property. Unfortunately, Michigan doesn't have a bright-line rule about what and when property may be considered abandoned. Do you know where she now lives, or otherwise have a way to contact her? Your best bet might be to send her a letter indicating that... Read more »

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Michigan on
Q: As a residual beneficiary do I have rights to request accounting or statements from financial institutions?

Are there certain time limits that affect when I am able to request certain accounting records?

Kenneth V Zichi
Kenneth V Zichi answered on May 29, 2020

Beneficiary of what document? Will? Trust? Bank Account?

If the former two, you have the right to request that of the Trustee/Personal Representative

If the later, you should be dealing directly with the bank, and you don't need an 'accounting' so much as you need to...
Read more »

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