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Michigan Civil Litigation Questions & Answers
2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: I sold a house on a land contract. Buyer is 3 months behind on his payments, property taxes and water.

I took the buyer to court. Buyer was served a forfeiture notice. He did not show up and case was ruled in my favor (Failure to appear). Now the case is scheduled for a review. We do not have to go to court. Do I need to send the buyer or court anything? What will happen next?

James L. Arrasmith
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answered on Dec 25, 2023

Since the court already ruled in your favor due to the buyer's failure to appear, you may not need to send anything further to the buyer or the court for the review. Typically, after such a ruling, the court will proceed with the forfeiture process.

During the review, the court will...
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1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How do I find out if the person I’m involved with is the same person that is listed on a paternity claim A common name

His name is common and there is no information on the description of the person

Brent T. Geers
Brent T. Geers
answered on Oct 29, 2024

If you are nearby the courthouse, you could stop in and ask to look at the file. Otherwise, what does the person you're involved with say about this?

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Business Law for Michigan on
Q: Are there lawyers that advise or represent small claim plaintiffs?

Car dealership not honoring warranty claim (parts and labor) written agreement.

Brent T. Geers
Brent T. Geers
answered on Sep 26, 2024

There are lawyers who may meet with you to advise you on whether and how to proceed with such claims. However, an attorney cannot represent you in the actual small claims proceeding.

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Michigan on
Q: Should I sue my ex-fiance for money that he bullied out of the sale of the house we bought together?

I put my money into the house for downpayment, updates and labor that I believe helped us sell the house quickly and for a larger profit. I believe he took more than what he should of the profits. How can I get what I put into the house back from him?

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2024

Would be worth a consult with a local attorney, but unless he took more than 50% of the proceeds, it's unclear whether you'd have a claim. You also have to consider whether it would be worth it financially for you to go after him.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Is it legal for police in a small town to follow cars on weekends through town with their headlights off.

This occurs late at night when traffic is isolated.

James L. Arrasmith
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answered on Sep 21, 2024

It’s understandable to be concerned about the police following cars, especially in unusual circumstances. Law enforcement officers have broad authority to patrol and monitor vehicles, but their actions must still respect the law and constitutional rights. Following vehicles without headlights at... View More

1 Answer | Asked in Civil Litigation and Contracts for Michigan on
Q: HOW DO I FIND MICHIGAN CASE LAW FROM 2018
Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

Lots of places - some better than others. Justia, Google Scholar, and a host of other sources are freely available online. Your local library may also have free access to Westlaw or Lexis Nexis.

1 Answer | Asked in Personal Injury, Products Liability, Workers' Compensation and Civil Litigation for Michigan on
Q: I am a highly experienced RN, BSN with 30y experience. How can find work as a LNC?

I have worked in multiple areas of healthcare, including Acute and Long-term care.

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2024

This could be something that career counselors would know better than attorneys would. You could look into the forums or help resources of job sites. Also, recruiters who work in the health care field might be able to offer guidance. Good luck

1 Answer | Asked in Civil Litigation for Michigan on
Q: I just received a summons but is past the allotted days to respond. And it was a photocopy What do I do?
Brent T. Geers
Brent T. Geers
answered on Jun 14, 2024

Contact the plaintiff's attorney and file an answer.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Michigan on
Q: Voice prints are like finger prints, and I have and I am recording, if anyone would like to review my recordings in I

I would be more than happy to let someone review my recordings and determine if they believe I have the grounds for a civil lawsuit or any other type of lawsuit.

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2024

It could be difficult for attorneys here to offer their services to review your recordings. The format is basic Q & A - attorneys can't offer their services. One option is to reach out to attorneys independently - that would be outside the forum. Good luck

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Michigan on
Q: Should I notify District Court of Circuit Court's dismissal without prejudice & my intent to re-file a late Appeal?

The District Court recently entered a Judgment against me, but I filed for Appeal before the Judgment was signed. The Judgment is now signed.

My appeal to Circuit Court of the District Court's decision recently got dismissed without prejudice for premature filing. They said to refile... View More

Dana B. Carron
Dana B. Carron
answered on Feb 9, 2024

When you refile in the lower court, just indicate somewhere in your filing that the higher court dismissed without prejudice to refile in the lower court, and include a copy of the higher court's order at that time.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Wrongful Death for Michigan on
Q: If a person sets a bait package on their porch and it is stolen, and the thieves are injured/died, can there be charges?

Let's say they use bees to put in the package. The package is stolen, and the those responsible open the package and are stung, one might have a severe allergic reaction, and cause an accident in which there are injuries and deaths, property damage as well as innocent injuries/deaths. Can the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2024

A Michigan attorney could advise best, but your question remains open for three weeks. Under common law doctrines that hold nationwide, someone could be charged, and liability could arise for doing something like that. But to get a definitive position specific to your jurisdiction's penal... View More

1 Answer | Asked in Consumer Law, Banking, Civil Litigation and Identity Theft for Michigan on
Q: Is there a deadline/time limit to file a lawsuit?

Someone hacked my Bank of America account and fraudulently transferred $9,800 from my checking account to Mercedes Benz Financial Services in Illinois. Also, the hacker did a balance transfer using my Bank of America credit card for $5,200 at the same time, IP address, city and state. I contacted... View More

Nico E. Banks
Nico E. Banks
answered on Nov 14, 2023

Yes, there is a time limit to file a lawsuit. The exact time limit will depend on what causes of action you state (e.g., which consumer protection laws you invoke). It would be rare for the time limit to be less than a year, but acting sooner is always better.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Michigan on
Q: Well house building dispute. Can we take quiet title or take adverse possession?

Five cottages which all used to be rentals until 1967 are only buildings hooked to the well house building which has its own address and bills come to me. A neighbor bought a cottage next door to it (which is not hooked up to the well house), yet wants access to it. He says building is on his... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2023

You need a local real estate attorney to review all the facts and provide you advice. That is not something that can be provided in a forum like this.

Seriously — this is FAR more complicated than can be accommodated in a public forum. You need to hire an attorney!

1 Answer | Asked in Business Law and Civil Litigation for Michigan on
Q: Can the family of someone who sued a company file their own suit even after the original plaintiff is deceased?
David Soble
David Soble
answered on Oct 20, 2023

Generally speaking, 'Yes' provided that an estate for the decedent is opened and the personal representative of the estate decides to pursue or continue the lawsuit.

1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

You need a lawyer; and you likely needed a lawyer months ago.

As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.

You have a...
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1 Answer | Asked in Civil Litigation for Michigan on
Q: Michigan civil lawsuit against a neighbor who trespassed our property and called the Humane Society to trap our cats.

Their attorney claims a Statute of limitation of three years as tort, but I believe it's six years because they immediately adopted part of the cats therefore should be Statutory Conversion. Could you clarify this for me?

Brent T. Geers
Brent T. Geers
answered on Aug 12, 2023

The governing statute of limitation is for the claim made, not what it could be. Typically, in civil matters, you can make alternative claims. Each claim, though, would be subject to its applicable statute of limitations. Hopefully you are engaged with an attorney who knows this, as you can easily... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Michigan on
Q: A friend visited my home and unknowingly dropped her glasses and my 7 month old puppy chewed them up. And wants me to re

Wants me to replace her glasses for $185.

Her husband is the one who sent me the message. And states if I don't contact him by 5pm he's going to have to file a lawsuit

I haven't admitted to anything nor have I contacted him back

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

For $185!? He's going to spend more than that filing a law suit.

How you move about this depends on how much you value the relationship with your friend. Although it sounds like maybe her husband is more of a problem here.

If it were me, I would be inclined not to let money...
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1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Michigan on
Q: Vehicle considered Totaled after not at fault accident in Michigan. Can I file a Mini Tort or Small Claims?

My vehicle was totaled (Not at fault) due to an accident in Michigan. My vehicle is 100% paid off and I did not have collision coverage as part of my auto insurance. Can I file a Mini Tort or Small Claims for the book value of my vehicle at the time of the accident?

Since I do not have... View More

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2023

Mini tort is for the amount of the deductible you paid.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Identity Theft for Michigan on
Q: Can I get sued or arrested for pretending to be a politician, if the person is not real

Recently I went online pretending to be the vice governor, I made up a name the person I used is not real, it's all a joke and I would never give out potentially dangerous information, I just want to know is this legal, can I get arrested

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2023

A Michigan attorney could advise best, but your question remains open for four weeks. A criminal attorney should advise on this, to prevent any violation of laws involving impersonation or related crimes. Good luck

1 Answer | Asked in Civil Litigation for Michigan on
Q: I was wondering if I would be able to get relief of judgment. Or what defense I have for legal malpractice

It's hard to explain in detail, but there is a process that is to be used when dealing with individuals who had suffered a Traumatic brain injury to allow the due process of that individual. The judge in the divorce case stated on record that he was aware of the injuries, but failed to apply... View More

Brent T. Geers
Brent T. Geers
answered on Jul 21, 2023

What relief are you seeking? If this was a divorce without kids, then the issue is equitable division of assets and debts. Did you settle and are now unhappy with that settlement? Or was there a trial?

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