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Michigan Civil Litigation Questions & Answers
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...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Refuse to testify in a Felony assault case. How to avoid jail time for disobeying a subpoena to testify.

Boyfriend was charged with assault to great bodily harm Less then death or strangulation. 2 count of domestic violence, and interfering with communication causing harm or death. I don’t want him to go to prison. I don’t want to go to jail if or when I get subpoenaed for not testifying against... Read more »

Brent T. Geers
Brent T. Geers answered on May 28, 2020

You are in a tough spot. This stopped being between just you and your boyfriend the minute the police were called.

It may be helpful in your analysis of what to do to know that in domestic violence cases, Michigan law (MCL 768.27c) allows the prosecutor to present your statements made to...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: looking for case law on dismissed civil cases based on a ex parte between judge and plaintiff lawyer

I'm involved in a case where a federal judge talked to plaintiff counsel in private during a hearing and never spoke to myself. I represent myself in the case. This infraction happened twice and after these meeting motions was granted against me. I have on record of last hearing where Judge... Read more »

Brent T. Geers
Brent T. Geers answered on May 1, 2020

No real answer here other than to say you really should be consulting with an attorney versed in federal court procedure, and at least consult with an attorney about helping you draft an appeal. It is unclear from your question how the judge spoke with plaintiff's counsel ex parte; it almost... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: How can my ex be persecuted for stealing my nudes and selling them for money?

Hi,

In a hypothetical situation- if someone has a boyfriend who has been stalking them and on camera admitted to stealing their naked photos what can legally be done?

Additionally, what if proof is founded that he has been selling these photos online for money? what can happen to him?

Brent T. Geers
Brent T. Geers answered on Apr 22, 2020

Probably a good first step would be to seek a PPO; immediate safety from stalking is paramount. Second, civil liability for the pictures will depend on the circumstances those pictures were taken. If they were taken during good times (i.e. some consent to the pictures is stated or implied),... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can my neighbor legally record us in our home from her place without my consent? Wondering if I’m able to press charges

She recorded my son screaming and admitted it in a note she left me

Brent T. Geers
Brent T. Geers answered on Apr 9, 2020

Generally you may record anything you can see or hear from whereever you are legally present. She if your neighbor can hear your son scream from her house, then I think she may record without your consent. Now, if she needed to place some fancy equipment (e.g. a bug) to hear, that's a... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: What actions can I take to file a lawsuit against law enforcement

Yesterday , Police officers and a young man came to my door asking for my sister to give up her baby and follow the rules of her court order. She had every right to refuse and then they left. About a hour later they showed back up at our home, unlocked our door , and once we opened it barged in our... Read more »

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

Sounds like this young man is a CPS worker with a removal order signed by a judge. I would hope that the police verified that before assisting. Just because the order may be "old" doesn't mean it's not valid.

To answer your specific question, you likely won't have a...
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1 Answer | Asked in Banking, Civil Litigation, Contracts and Insurance Defense for Michigan on
Q: So my grandfather passed away then 4 weeks later my grandmother pass before my grandfathers insurance came in!

My grandmother may pass before the check is deposited into her account how can my mom or uncles save it before it goes back to insurance

Thomas. R. Morris
Thomas. R. Morris answered on Apr 6, 2020

The question is not altogether clear to me, but it sounds like the insurance payment is property of your grandmother's estate, and that a probate case needs to be commenced in order to deal with the payment. An attorney with the whole picture will be able to guide you through the probate... Read more »

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: Now that my son is 21 and I'm owed arrears of over 40,000, how to I get that enforced and paid?

My son was born in California in 1998 and a court order was put in place for the father to pay each month. He rarely paid and traveled to Mexico and different states to avoid paying. He put his assests in other peoples names. I live in Michigan and they said they cannot help me because my son is... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 25, 2020

It sounds like the attorneys are telling you the right answers, albeit bifurcated. Do you ever make the California court order a Michigan order? If not, Michigan has nothing to do with enforcement of a California court order, and so the Michigan attorneys are correct that they can't help. The... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

www.provenresource.com

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Michigan on
Q: Can I sue in small claims court for the remainder of a personal loan if the borrower has not made a payment in a year?

I loaned someone $3,000 in 2017. We wrote a contract for this person to repay me within 5 years. I did not require a monthly minimum payment. I did, however, include 7.5% monthly interest (which I later found out is an illegal amount. Monthly interest must be much lower). I wrote the contract in... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

You may have a claim. You would quite likely need to file in the state where the contract was entered.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Whats a day in a life of a lawyer?

please start from morning and end at night .

Tim Akpinar
Tim Akpinar answered on Nov 22, 2019

If this is for a school assignment, contact law offices in your area and ask if you could briefly serve as a volunteer for a short period. You could offer to do clerical work like filing or copying documents. If they let you accompany a lawyer to court, a meeting, taking a statement, or a closing,... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: If 2 men purchased property together singlely,can they just add wife's names years later?No quit claim,just added

1932 2 men purchased property and obtained a warranty deed.1953 1 of the men and his wife sell his half of the property to the other man and his wife via quit claim.They never quit claimed the wife's names,is that legal?Then months later the man and wife sold both halves to another couple.Is... Read more »

David Soble
David Soble answered on Oct 27, 2019

While you have done an excellent job of describing the past conveyance history of this property, I would still want to review the title abstract before rendering an opinion. Stating the type of deed used for conveyance is not the same as showing how title held. Go to www.provenresource.com to... Read more »

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1 Answer | Asked in Civil Litigation for Michigan on
Q: when does a district court judgment to a credit card company expire?
Brent T. Geers
Brent T. Geers answered on Sep 29, 2019

10 years, unless renewed for longer.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Could the lessor be in breach of contract?

I moved into my apartment in November 2018. As of September 2019, not one item from my move-in checklist has been addressed. I have a ceiling fan that is inoperable due to the fact that it is not securely attached to the ceiling. I have a non-functional bathroom exhaust fan, which was inspected by... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 9, 2019

What would you like to do?

You may be able to withhold rent and/or fix things and subtract it from your lease if the repairs are ‘necessary’ to make the place habitable but only if you follow the appropriate procedures to do so.

A better option would be to walk away and rent...
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1 Answer | Asked in Civil Litigation for Michigan on
Q: I want to take midas to small claims court after they change my oil my car started knocking and also the oil was low
Tim Akpinar
Tim Akpinar answered on Aug 30, 2019

There wasn't a question included in the post here. It's possible it got left off in uploading. You could try reposting. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation for Michigan on
Q: Is there such thing as stalking a public figure?

I was charged with stalking a Superintendent of a public school. Pled no contest due to mistreatment in jail. I was wondering if this is even a fair charge or if I am protected due to free speech? I have a civil case against the Superintendent and if I win will I be able to introduce that as new... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 22, 2019

Yes, you certainly can be charged criminally for stalking public figures. It happens with movie stars as well as, apparently, local superintendents. Being a public figure does not remove all notions of privacy. Even constitutional rights have limits. You could show up at school board meetings and... Read more »

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
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
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,

David

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
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...
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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
Bruce Alexander Minnick answered on Apr 30, 2019

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