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Michigan Civil Litigation Questions & Answers
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...
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1 Answer | Asked in Civil Litigation and Employment Law for Michigan on
Q: Can I sue a temp agency?

While working for a temp agency(4 days)I

Stopped into agency and was told I had failed a background check. That I couldn't work for one company...but could work in the same building, for another company. Later I found out that the first company actually offered to hire me, and then the... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2017

You can sue anyone, but these facts don't paint a valid claim. While working for the temp agency, you are subject to how they do things. If their procedure requires certain background checks, and they use the results of those checks to offer positions, then it sounds like that's exactly... View More

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Michigan on
Q: I paid off My fiance's debt ($12,000) and 48 hours later she went back to her ex husband when I was out of town.

She has cut off all communication with me, no explanation. Her ex say's "Too bad!" Do I have any recourse without anything in writing? When I paid off her car she sad she would sign it over to me. The clear title had not yet arrived. She said she would repay me if it took her the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2017

You have been conned. Without a writing, or some evidence of an agreement to repay, you likely don't have any legal recourse - you, essentially, made a $12,000 gift.

There may be some things you can do taxwise, but other than that, your energy may be better spent moving on.

2 Answers | Asked in Civil Litigation, Family Law and Child Custody for Michigan on
Q: Can a trial be adjourned if the opposing attorney changes the name of its law firm and I sign an Order of Substitution?

They have had trial adjourned twice already. It would be the same lawyer just under a different law firm name (their own). I don't want to do anything that would allow them to push trial back. Would my signing an Order of Substitution af Attorney give them a way to ask for and be granted an... View More

Neil Colman
Neil Colman
answered on Aug 24, 2017

First, if it's a custody case, did you hire an experienced family law attorney to represent your interest? If not, do so, as custody matters can be and generally are complex. I don't know where you're located, so it's difficult to advise you of the policies and practices of the... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Michigan on
Q: I live in a private subdivision in Livingston county, Michigan. (Not gated open to the public)..The home owner’s associ

I live in a private subdivision in Livingston county, Michigan. (Not gated open to the public)..The home owner’s association of 3 people elected to place boulders at each corner of the road to impede people from cutting the corners… One of those corners that has 3 large boulders is property... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 9, 2017

Do you live in a subdivision or a site condo? (They LOOK the same on the outside -- only the documents differ.) If indeed they voted to place rocks on land YOU own, they can't do that. If they put the rocks on the road right of way, or on "common" property in a site condo, then they... View More

1 Answer | Asked in Civil Litigation and Estate Planning for Michigan on
Q: I am the named Trustee in a joint revocable trust. The trust specifically states that the trust can be revoked at any

time upon written notification delivered to me. The last surviving Grantor revoked but never notified me, executed a new trust and changed benneficiaies, then died 10 months later. Had I been notified of the revocation per the terms of the trust, I would have contested. Do the terms of the Trust... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 11, 2017

It should be done 'at the same time as the revocation' but there is no hard and fast rule of how late is 'too late'. It is very much fact dependent.

Similarly, it sounds as if the trust you were trustee of didn't have any assets in it? Those assets would have...
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1 Answer | Asked in Civil Litigation, Contracts and Animal / Dog Law for Michigan on
Q: bought a puppy who came down with parvo and now have 3k plus in vet bills. What is statute of limitations and can sue?
Thomas. R. Morris
Thomas. R. Morris
answered on Apr 17, 2017

The limitations period under Michigan law for breach of contract is six years. Therefore, if you have a claim for a breach of contract (more particularly a warranty that the pupply was disease free) then unless the cintract provides otherwise you have six years from the accrual of the claim to sue.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Michigan on
Q: What can I do about a company who is charging me for services I never connected to and I threw away my paperwork.

AT&T is sending me to collection threatening to sue for money for services I never received and therefore I threw the paperwork away. They need a password to get into my account, the password was with paperwork.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 23, 2017

Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if... View More

1 Answer | Asked in Civil Litigation, Small Claims and Personal Injury for Michigan on
Q: I had a salon burn off a lot of my hair. Diagnosed with contact dermatitis after the didn't do the patch test per law

Depressed and prescribed an anti anxiety medication due to

This. Had to see family through holidays embarrassed. Ruined

My Christmas and new year. Will take at least a year to grow back. Can send pictures. Do I have a case worth pursuing?

Peter N. Munsing
Peter N. Munsing
answered on Jan 2, 2017

Contact a member of the Michigan Assn for Justice--they give free consults. You have a case, need to follow up with a dermatologist. You would seem to have a case.

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Juvenile Law for Michigan on
Q: Can I get in trouble for speaking explicitly with a minor in Michigan online?

I was involved in an email chain that was explicit for ONE line. I posted an ad on craigslist looking to hook up with a woman. I received an email from someone. I said something explicit. Then someone replied and stated that I sent the message to a minor. I replied that I had no idea and I... View More

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Aug 5, 2016

I'm not sure what is the connection between the chain email and your ad. Nevertheless, most likely, your action. May be the subject of a crim investigation investigation.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Litigation and Small Claims for Michigan on
Q: can I get legal help if someone's dog damaged $100+ of my personal property?

My friends dog damaged hundreds of dollars of my property and is refusing to compensate for it. What can I do?

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jul 26, 2016

File a small claims action in your local district court. No lawyers are permitted in small claims court. The problem is that even if you win he may not be collectible.

1 Answer | Asked in Car Accidents and Civil Litigation for Michigan on
Q: Customer suing company I worked for. I was mailed a subpoena by the company do I need a lawyer?

Customer requested to put vehicle in storage then drove it and crashed it. I took the phone call he says he never told me to do that. I did a statement with the company I worked for, now a year later he's suing. I declined a deposition but now received a subpoena from the companies lawyer... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2016

You got the subpoena because you refused the deposition. They sued the company, not you.You have an obligation to attend and testify. Not clear who drove it & crashed it. I don't see that you need an attorney but you may have other facts.

1 Answer | Asked in Civil Litigation for Michigan on
Q: what are next of friend papers, where do I find them and do they have another name?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 3, 2015

Next of friend? You need to give some basic facts.

1 Answer | Asked in Civil Litigation for Michigan on
Q: Atty resigned from my civil case 3 weeks before the jury trial & won't return retainer-what do I do? I'm the plaintiff.
Nicholas Leydorf
Nicholas Leydorf
answered on Mar 16, 2011

You should put a demand letter directed to the attorney requesting an itemized invoice for all services provided and request return of any remaining portion of the retainer. You should include in your letter a request for all documents in the attorney's case file. Finally, you should seek out... View More

1 Answer | Asked in Civil Litigation for Michigan on
Q: How can insurane company file claim aganist deceased person and two living persons it said acounts receviable
Hillard Fried
Hillard Fried
answered on Jan 5, 2011

Our legal system is based on English common law. Back in merry old England, a person’s claims and even most of his obligations were extinguished at death.The common law approach made some sense, in that the dearly departed do, in fact, lack the capacity to own, manage or handle anything. On the... View More

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