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Michigan Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for Michigan on
Q: Recovery of items resulting from a repossession.

Never had the opportunity to get my items until after the car was already gone from the tow yard. Car was sold by the time I got there. Items in trunk weren't recoverable which is over 3k in golf equipment. Company who did the tow falsified document saying I collected those items from trunk.... View More

Adam Alexander
Adam Alexander
answered on Apr 21, 2022

I suggest small claims court. It is inexpensive and quick. But you are going to have to have proof, (perhaps other witnesses), of the items that were in your vehicle. And values. For example the golf equipment, I suggest you provide the original receipts and then printouts of the same equipment... View More

2 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Michigan on
Q: I had a joint mortgage with my ex wife. I was bought out for $40,000 (my half of equity) but she wont take my name off?

Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... View More

David Soble
David Soble
answered on Feb 14, 2022

Your next legal steps will be dependent upon the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement.

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1 Answer | Asked in Civil Litigation and Collections for Michigan on
Q: If a lien if placed on my home, am I able to make payments towards or payoff the lien without selling the property?

Nothing has occurred yet, but I have gotten myself into a tough situation and am making sure I'm informed on the potential consequences.

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2022

Yes, generally you can pay off the lien. Whether you can make payments will depend on the creditor.

2 Answers | Asked in Family Law, Civil Litigation and Small Claims for Michigan on
Q: I lent a man I was seeing last year money totaling around $3200 and do not know how to go about getting my money back.

It was 3 increments of money I don’t have specific proof of. Vague texts and the proof of withdrawal from my account but nothing showing it went to him

Michael Zamzow
Michael Zamzow
answered on Feb 2, 2022

You might consider talking to a lawyer about this directly, but do a little research first through a legal aid website, on how to file a small claims lawsuit. That might help you direct your questions if you find a lawyer willing to answer a few questions. You could certainly hire a lawyer to help... View More

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1 Answer | Asked in Civil Litigation for Michigan on
Q: Barnacle Windshield boot placed on vehicle with no explanation given.

Son living off campus apartments while attending GVSU. Windshield boot placed on vehicle two days ago, for no known reason. Called to dispute and was told to send an email. No response after 24 hours. Violation listed as "N/A". When calling the help number on the Barnacle, was told... View More

Michael Zamzow
Michael Zamzow
answered on Feb 1, 2022

Sounds like you've hit a wall in negotiations alone, you might need to hire an attorney.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Hi I have Notice of Case Evaluation/ Acceptance or Rejection of Award letter

$5000 Dog Bite

Brent T. Geers
Brent T. Geers
answered on Nov 5, 2021

What is your question? Should you accept or not? There are consequences (e.g. who pays attorney fees) for rejecting the evaluation amount and having a different amount ordered at trial. Typically, the evaluation offer will be pretty close to what you could expect through trial.

2 Answers | Asked in Civil Litigation and Constitutional Law for Michigan on
Q: Im looking to become a police officer. I passed both exams, when it was time for me to apply for a position I got denied

I do have a past domestic charge that I Pled guilty too but if I was to get that expunged, would that help me get into the public service field?

Brent T. Geers
Brent T. Geers
answered on Oct 21, 2021

Not necessarily. Police departments do a more comprehensive background check than most employers. A domestic violence charge - regardless of underlying facts - is going to be highly scrutinized by any law enforcement agency. Not saying you can't become a police officer, but you need to be... View More

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1 Answer | Asked in Civil Litigation for Michigan on
Q: What should you do in the case of trying to file a small claims case on someone already sitting in jail?
Brent T. Geers
Brent T. Geers
answered on Oct 18, 2021

You can go ahead and file. Just keep in mind that even if you are right, in a civil matter, a judgment comes down to a piece of paper that says Person A owes Person B x-amount of money. You still need to collect it through legal means.

2 Answers | Asked in Personal Injury, Real Estate Law and Civil Litigation for Michigan on
Q: My bedroom ceiling collapsed on me in my sleep. The property manager was aware that the ceiling was cracked.

I inhaled lots of fiberglass insulation and sustained a foot injury so I went to the ER.

Thomas. R. Morris
Thomas. R. Morris
answered on Oct 12, 2021

Ouch. If you are a tenant, the landlord is likely to be liable. The landlord's insurance carrier may offer a settlement. You could take the settlement, or, if you can find an attorney to take the case, you could sue to see if you get more. If you hire an attorney, that might increase the... View More

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1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Michigan on
Q: what does Law code 15USC1662B mean in lamens terms. The Truth in Lending.

I keep hearing about this law i have looked it up but i dont understand the way it is written. as i am told "it is illegal to charge for a down payment on a vehicle from a car lot dealership.

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2021

Truth In Lending covers what must be disclosed by lenders to consumers. It's impossible to summarize what is a voluminous piece of legislation covering many different scenarios. If you have any doubts about what is presented to you by a car dealership, or any other lender, you should consult... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Identity Theft for Michigan on
Q: My x took my title and forged my signature to transfer my car into his name illegally

I need to know what to do in order to get the police to do something about this felonious crime.

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2021

I'm unsure what else you can do other than file a police report.

1 Answer | Asked in Civil Litigation for Michigan on
Q: My son is keeping all my property and won't give it to me. I was living there but left what can I do

I lived there for 4 months but my son is violent, controlling and he didn't kick me out but it wasn't going to be good if I went back. I've asked for 3 days for my stuff, in person and text but still won't give it to me. In our town the cops don't arrest him and he does... View More

Brent T. Geers
Brent T. Geers
answered on Aug 24, 2021

File a claim and delivery action in court. And even though it's your son, you still possibly have tenant rights that you could seek the advice of an attorney.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Can I be kicked out of a public festival because the (volunteer) person running the beer tent has a vendetta against me?
Brent T. Geers
Brent T. Geers
answered on Aug 8, 2021

Yes. Just because it's a public event doesn't mean that there's an open-ended invite. If this person were tasked with running the beer tent, that is his or her domain - volunteer or not. So long as they didn't kick you out because of a protected status (e.g. race or gender), you... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: Hi im from Michigan i live in a duoplex. I accidently looked into the person downstairs window. Am i a peeping tom?

She yelled at me i have autisim and a bit confused i didnt even know she was in there i was looking that way because my dog was over there. Im very confused and scared. I dont fully understand what i did. Oh btw the side of the house is shared between us and her. My sister got upset and called the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2021

I think the police are right (this time). Stay away from her and give it some time for cooler heads to prevail.

2 Answers | Asked in Civil Litigation for Michigan on
Q: What happens if I don't go to zoom court over a restraining order
Brent T. Geers
Brent T. Geers
answered on Jul 7, 2021

No way of telling without knowing the hearing purpose and whether you are the petitioner or respondent. PPO proceedings are quasi-criminal, but with the exception of violations and some collateral consequences, the general civil procedures apply. If you are a respondent and you don't appear,... View More

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1 Answer | Asked in Civil Litigation, Collections and Small Claims for Michigan on
Q: I won a small claims judgment, for 6096.00 in Inkster MI, against a apartment management corp, but unable to collect.

I have garnished their bank account … it was $1.11 in it. Then I had a court order for the Wayne county sheriff seize property but this has not been successful either. How can I collect my judgment from someone or entity that refuses to cooperate?

Brent T. Geers
Brent T. Geers
answered on May 10, 2021

You've asked the $64,000 question. You may have what can be called a judgment proof debtor. You have right now a piece of paper saying someone legally owes you money; that paper is just - a piece of paper - unless and until you can legally collect.

All you can really do is keep trying...
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2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: For a Video of themed addresses Owner Release / permission required if I only use publicly obtainable images and info?
Michael Zamzow
Michael Zamzow
answered on May 3, 2021

It's not entirely clear what you're asking. But, publicly obtainable images doesn't mean the images are in the public domain. And videos containing images that are not properly licensed, particularly ones produced with a commercial purpose, may create unnecessary liability and risk... View More

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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... View 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... View 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... View 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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