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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Michigan on
Q: I received a letter from an attorney stating I am being sued by a debt collector, but I have not yet been served.

How do I find out the name of the court the suit has been filed in, along with the date and time of the hearing?

Trent Harris
Trent Harris answered on Mar 1, 2019

If the suit was filed properly in state court, it should be filed in the county in which you live. Call the district court and the circuit court for your county, and ask if a lawsuit has been filed against your name. Or, if the county where you live has an online site where you can search court... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on
Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection company is... Read more »

Trent Harris
Trent Harris answered on Feb 22, 2019

No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.

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1 Answer | Asked in Traffic Tickets and Civil Litigation for Michigan on
Q: I need to take care of a 14 year old traffic for driving on suspended license what's my options
Frank B. Ford
Frank B. Ford answered on Feb 7, 2019

Contact the court to see if there is a warrant for your arrest. If so, find out what the amount of the bond is. You would normally then have to go to the police department, but sometimes directly to the court, to turn yourself in on the warrant and post the bond, and get the charge set for a... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: what is the legal recourse, Michigan, after already giving a full name to law enforcement as required under Fed law

and not showing an ID card, DL, etc...

Brent T. Geers
Brent T. Geers answered on Jan 21, 2019

I'm not sure what recourse you'd be looking for. If you've properly and truthfully identified yourself to law enforcement, they either arrested you or not based on why they asked you to identify yourself in the first place. If you are not arrested or facing criminal charges at this point, it seems... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: Processer tried to serve me. Local court docket shows I have a civil suit case. Do I have to go to court

Will I be found guilty and check garnished if I don't show up

Brent T. Geers
Brent T. Geers answered on Jan 21, 2019

In civil cases, you're not found guilty; you may be found liable or responsible. If you do not show up to court, you lose the ability to defend yourself and eventually the person suing you will receiving a default judgment, allowing them to legally collect whatever money they say you owe them. That... Read more »

1 Answer | Asked in Civil Litigation, Education Law and Civil Rights for Michigan on
Q: My public school is having a school sponsored dance but they are only allowing females to attend. Is this legal?
Brent T. Geers
Brent T. Geers answered on Jan 9, 2019

Unless they are prohibiting the organization and sponsorship of a similar male-only dance, I'm not sure there is a violation here.

1 Answer | Asked in Civil Litigation for Michigan on
Q: if a parent gives their dependent a car, and the car is in their name, can the parent falsely report the car stolen?

also what would the repercussions be if any

Brent T. Geers
Brent T. Geers answered on Oct 2, 2018

Whether the report would be false at that point is very much fact-dependent. How would this dependent be able to prove he or she has continuing permission to use the car?

1 Answer | Asked in Family Law and Civil Litigation for Michigan on
Q: How do I amend an affidavit of paternity from Michigan?

I need to add fraud and misrepresentation/ misconduct to my original affidavit

Brent T. Geers
Brent T. Geers answered on Oct 2, 2018

You may need to seek leave to amend your complaint. You definitely need to seek out a lawyer to assist you with that as the procedure for doing so is not that intuitive.

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Michigan on
Q: Neighbor wants trees cut down on lot next to them

My father owns a water front lot next his sister in law, her lot has a house, my dad's is undeveloped, there are two trees which are leaning, she thinks they are going to fall and hit her house, my dad and several others that looked say they won't hit her house there are trees on her lot blocking... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 2, 2018

I assume (hope!) you have insurance to cover liability if something bad does happen.

That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages.

In THIS case, the fact that this discussion has happened may make your insurance company...
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1 Answer | Asked in Civil Litigation, Medical Malpractice and Federal Crimes for Michigan on
Q: What are the MI state and Fed laws for transporting and delivering prescription medications?

I work for a company that transports medications to medical facilities. We are now being asked to, as drivers, to sign narcotic manifests, confirming that specific narcotics were delivered to said facility if said facility requests that the driver signs. This would require that the drivers handle... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 28, 2018

Your situation is much too complicated to answer here as it involves drug laws and likely interstate commerce issues. It would seem that your employer is attempting to shore up the chain of custody, which they may very well be required to do by any number of state and federal regulations pertaining... Read more »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Civil Litigation for Michigan on
Q: Contracted with Lowe's for roof install. Contractor didn't have certification for install or warranty. Damage occured.

Contract stated that a certain company would be the contractor and installer. Contractor on contract then subcontracted work but was unable to install the roof correctly. Contractor should have had master elite certification through GAF per the contract so that I could receive the silver warranty... Read more »

Trent Harris
Trent Harris answered on Sep 12, 2018

It sounds like you have a possible breach of contract case. Your contract with Lowe's probably includes provisions about what to do in the event of a dispute. You will need to follow the contract, including any procedures for alternate dispute resolution. Because Lowe's is a big company and does a... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Law and Workers' Compensation for Michigan on
Q: Is the severance offer fair and should I sign it under the circumstances of my release after 12 yrs employment.

It is not in line with another employees that I asked confidentially. They received one week for every year of service. I was only offered 4 for 12 years. There are many circumstances leading up to the company saying they accepted a resignation, I never gave and I repeatedly told them that.... Read more »

Marlo Bruch
Marlo Bruch answered on Aug 27, 2018

I recommend that you contact an employment attorney in your area to go over the agreement before you sign. This forum is too general to give an appropriate response.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Identity Theft for Michigan on
Q: What can I sue someone for as the victim of an assault and battery and larceny from a car?

Criminal charges are being persued, the 'suspect' has been arrested and arraigned. He punched me in the face twice, knocking my front tooth out. He was the passenger in my car I was DRIVING, so i parked and demanded he get out. He refused, so i got out. Whwn he hit me he knocked off my glasses, and... Read more »

Daniel Hilf
Daniel Hilf answered on Aug 22, 2018

You were the victim of an intentional tort (assault and battery) and can pursue a civil lawsuit against him. The lawsuit can be filed as a small claims matter (where you represent yourself in court), however your recovery will be limited. You, or a lawyer retained to represent you, can file a... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation, Consumer Law and Contracts for Michigan on
Q: After a chapter 7 discharge of a land contract, debtors signed a post agreement not reaffirmation during proceedings

Is this contract valid after bankruptcy court discharged this debt?

Timothy Denison
Timothy Denison answered on Aug 3, 2018

Yes, if they signed it post petition and received consideration for it.

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Landlord - Tenant for Michigan on
Q: If a home is rented, w/o a rental license, is the lease valid (Wayne County, MI). Is there punitive recourse?

If a home is rented on a boiler plate/printed off internet lease, and tenants have reported SERIOUS repairs and issues, through out 2 years of renting said home (flooding basement - floods 1/3 damages personal effects we cant use), Asbestos tiles popping up and breaking, mold, mildew, leaking... Read more »

David Soble
David Soble answered on Apr 19, 2018

If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work with both... Read more »

1 Answer | Asked in Civil Litigation for Michigan on
Q: When serving someone through certified mail what return address should I put on the mail? She probably won't accept it
Maureen Martin Caster
Maureen Martin Caster answered on Feb 27, 2018

When you are filling out the "green card" the return address is your's.

1 Answer | Asked in Car Accidents and Civil Litigation for Michigan on
Q: Can I win in small claims for excessive tow charges?

My daughter was rear ended, I spoke to the Police officer over the phone as I was at work and told him I was going to call in a tow truck he then suggested I let him do it it would be quicker. I never received a price, the vehicle was towed and I was charged $350 for a tow of less than 10 miles. I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2018

First, I assume you have daughter's vehicle. If not get it back --otherwise you will be charged storage as well. If you bailed it out, great. Send a copy of the receipt to the department that regulates tow operators. If you get a namby pamby response notify your state rep and senators that this... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Michigan on
Q: Should I contact prosecuting atty in local area if have additional information on case involving brother in law?

This issue pertains to my brother in law. He has a history of run ins with the law and continually escapes punishment or avoids them all together. He is an addict who has stolen from me and owes me money. A previous B/E has caught up with him during a work background check. He did not comply with... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 29, 2018

There is no need - the prosecutor has access to that information and quite likely more. You would not be telling the prosecutor anything he or she doesn't already know.

1 Answer | Asked in Banking, Civil Litigation and Collections for Michigan on
Q: husband is paying arrears faithfully. can bank account still be levied?
Adam Alexander
Adam Alexander answered on Nov 29, 2017

Probably. I would need some additional information to accurately answer your question. I am assuming your husband had a repayment agreement with the creditor or debt collector after a judgment was entered in court. Most of the time, creditors will honor that payment plan and not take any... Read more »

2 Answers | Asked in Civil Litigation, Car Accidents and Collections for Michigan on
Q: My husband took my vehicle out for a ride without my permission...I didn't have any insurance at the time and now my wa

wages are being garnished! They aren't taking any money from him & he's working! Is this legal? How can this be fair??

Brent T. Geers
Brent T. Geers answered on Nov 6, 2017

As the vehicle's registered owner, you (and your insurance if you had any at the time) are responsible. Did you, or are you willing to, file a police report stating that your husband took your car without permission? That's about the only way you'll be off the hook here.

You could consider...
Read more »

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