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Michigan Civil Litigation Questions & Answers
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 Civil Litigation for Michigan on
Q: Can a dealer sell me a vehicle with undisclosed frame damage.

Dealer is in Iowa in in michigan. They claim to not have known of the damage but will only pay $800 if the $1800 repair bill. It they will pay me for the whole truck and pay to ship it back

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

Caveat emptor - let the buyer beware! Likely, you purchased this car "as-is". Unless the dealership warranted this vehicle, or expressly stated there is no frame damage, you are effectively at their mercy.

It's a bit of a math problem for you now: if you keep it and repair...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Had PA with a stipulation window would be fix by closing. Seller didn’t fix by closing & relist house. Do I have a case?

I am a novice real estate investor. The stated closing date in the purchase agreement was October 3rd. The house had a broken front window. I had an addendum stating the window would be fix by closing. The window wasn’t fixed until October 14th. I told the agent that I wanted to close on November... Read more »

David Soble
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David Soble
answered on Oct 18, 2022

You may have an action against the seller if the addendum is detailed and signed by both parties. If the window repair is required and they failed perform, then it seems that they are breaching the contract. Still, A real estate attorney would need to review your purchase offer before pressing your... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Do I have to go to a deposition if I didn’t receive a court ordered subpoena?

I won but my exhusband is suing me for his attorney fees in a civil case. I don’t have an attorney because I don’t have enough money for a retainer fee and legal aid said they don’t have the funding for my kind of case.

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 15, 2022

If you have been sued you MUST defend against the case or there will be a 'default' entered against you.

The facts you state here don't make sense. If the case is over ('you won') there wouldn't be the need for you to attend any deposition (If you lost there...
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1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: My gf's parents claimed her as special needs dependent and she doesnt want to be claimed. How does she get out of it?

She has hydrocephalus and mild cerebral palsy. She doesn't wanna be around her racist stepdad and her mother isn't helping 50% because of her unapproval for me and 50% because she has debilitating back issues. Her aunt and uncle agrees with me and her but don't wanna overstep the... Read more »

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

How old is your girlfriend? I'm not sure one issue has much to do with the other; one's a tax issue and the other is a relationship issue.

1 Answer | Asked in Civil Litigation, Education Law, Personal Injury and Civil Rights for Michigan on
Q: Is there case law on the responsibilities of teaching staff during a fire?

Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2022

A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can a plaintiff use duress if they signed a workers compensation settlement based on a government agency negligence

Plantiff signed a contract because a government agency did a faulty investigation. Can Plantiff use duress to void the contract?

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

Unlikely. Plaintiff had an opportunity to challenge the investigation before entering into the settlement.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Is a sole proprietor buisness vaunerable in a devorse
Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Yes.

2 Answers | Asked in Car Accidents and Civil Litigation for Michigan on
Q: The neighbors dead tree fell on my daughters car completely destroying her sunroof and back window. Not from a storm

There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.

David Soble
PREMIUM
David Soble
answered on Sep 6, 2022

It is probably best that you file a claim with your insurance company (auto or home) and then let the insurance company through subrogation, substitute in to bring the claim against your neighbor if warranted. Try that first.

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1 Answer | Asked in Contracts, Estate Planning, Family Law and Civil Litigation for Michigan on
Q: Does my aunt owe me money for not doing as she promised

I bought my home from my grandmas estate. My aunt was executor of the estate. Part of the deal when buying the house was that uncle would help me install new siding. Since the moment I paid them they have 100% ignored me. I have the siding, but now need to pay someone to install it

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

What was in the written agreement? It's unlikely you can enforce an agreement to "help".

1 Answer | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: Is it a PPO violation when respondent files all documents pro se?

I have a non-domestic PPO granted in 12/21 against the former owner (“RW”) of my property for stalking (sending harassing letters). We bought our house 3 yrs ago in a foreclosure. RW has litigated the foreclosure for over 10 years — all were pro se & she lost every claim. RW is prohibited... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2022

It isn't so much the fact that she's representing herself; it's the fact that she is attempting - albeit poorly - legal proceedings. The service of papers is part of a legal proceeding that she remains entitled to try regardless of the PPO. In other words, just because you have a PPO... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: Why do attorneys think that $300/hr is 'running a business'. They are just taking advantage of people in need.

Civil attorneys are hard to find. Where can I find one in detroit metro, michigan.

David Soble
PREMIUM
David Soble
answered on Aug 4, 2022

A majority of lawyers are no different than doctors, accountants, or other licensed professionals. They are in business for profit. Fortunately, there are resources through the Michigan State Bar Association for a referral to an attorney or legal aid society who may be able to assist at a... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: I believe I have as good a case against another individual as ever existed. Why will no attorneys take it?

How do I find an attorney more interested in law than collections?

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

The short answer is that you're biased...and it's perfectly normal to be biased to your own matters.

I assume you are not an attorney. You're looking at the matter like any other person would: "I feel like I was wronged in some way, shape, or form". An attorney...
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1 Answer | Asked in Child Custody, Family Law, Criminal Law and Civil Litigation for Michigan on
Q: In Michigan, can I use recordings of conversations that I participated in, in a custody case or other case?

I already know about participant exclusion to mutual consent rule in michigan. Just wanted to know if you can use these in a family court case, or other court case.

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

Possibly. But know that a lot of judges do not look favorably upon such recordings or unwarranted use of private investigators.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Libel & Slander for Michigan on
Q: Assuming there is enough evidence to substantiate my claims. Is my ex-girlfriend accountable in any way for tearing our

child's amniotic membrane 8 weeks early to get on FMLA at work? and then for going out of her way to maliciously infect me with covid, and then for falsely accusing me of PPO and stalking when I asked to see my child too many times? How do I hold someone like this accountable? and how do I... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2022

If it is a crime you are alleging she committed, then you can certainly contact the police and make a report; it's likely they will say this is a family / civil matter and stay out of it.

Is there a current PPO? You need to file an objection and have a hearing about that. Until then,...
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1 Answer | Asked in Criminal Law and Civil Litigation for Michigan on
Q: my ex girlfriend intentionally tore her amniotic membrane 8 weeks before her due date to get out of work, is that legal?

She also maliciously infected me with covid after I found out. And then falsely accused me of ppo and stalking. What laws did she break? Do I have a case?

Brent T. Geers
Brent T. Geers
answered on Jul 20, 2022

Not sure she broke any laws. How would you prove any of this? You should focus on the allegations against you; the defense of which is not unsubstantiated claims.

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: Is it legal for someone to get a babies actual footprint tattooed onto themselves without consent of the actual parent

The babies footprint or full name. Especially if this person is not the parent of the child or does that fall under the first Amendment and they can still legally get it?

Brent T. Geers
Brent T. Geers
answered on Jun 30, 2022

The wording of your question is a bit confusing: are you asking if you, as an adult, can get a child's name or footprint tattooed on you? If that's the case, then yes, you can. You can effectively get whatever you want tattooed on you. Now, what you can't do is force the baby to... 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 »

1 Answer | Asked in Civil Litigation and Municipal Law for Michigan on
Q: I have nonprofit that owns a house. Can the city sue the President of the non-profit for a blighted property?

Due to some hardships I have not been able to keep the property in proper care

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2022

Yes they can.

2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: A year almost and nothing done and I’m still getting damage done every time with heavy rains

Court order a culvert install under the new drive way they installed and all water must flow to the drainage ditch with the new culvert installed they have done nothing it will be a year in 2 months and when the spring comes again I will have major water problems again Do I need to contact a... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 13, 2022

I concur your best results will be with a local real estate attorney in your corner.

But be prepared to provide that lawyer with facts like a copy of the judgment, who 'they' are and why YOU can't just install the culvert and charge them the cost (I assume because they did...
Read more »

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