in Michigan law if there is no name or contact information as to who constructed the contract on the contract, who has a legal rite to object to the counter claim filed because as far as I knew only the drafter of the contract has the rite to file suit and object to counter claim
For purposes of some claim of breach, it doesn't matter who drafted the contract. Either party may state a claim that a breach occurred. Where who drafted the contract comes into play is when there is some ambiguity in the language that substantiates the breach; when the contract is ambiguous,... Read more »
Accountant says I can turn it over to State of Michigan division of corporations.
There is no procedure for the state to accept a transfer to it of a membership interest in an LLC. It should be possible to resign as a member. You should consult with an attorney who can review the entire situation, and the accountant may be useful for advice as to potential tax consequences or... Read more »
LLC is suing a Member by another Member who has equal share. The defending Member is not representing LLC. Does Member being sued have to represented by counsel. If so, why, if the Member is not defending the LLC
The general rule in most states is that business entities, such as LLCs, must be represented by a licensed attorney in court. Individuals generally may appear pro se, meaning that they may represent themselves, in court proceedings and lawsuits.
That said, it is best generally best... Read more »
LLC filed a complaint against a MEMBER in the LLC on behalf of the LLC and the Judge said I have to have an attorney but a lawyer told me I don't need a lawyer because I am not defending the LLC
Yes. The LLC is a separate entity that cannot represent itself and therefore must be represented by an attorney.
If she isn’t gone within last date, what do we need to do to take possession of our property?
You would need to commence an eviction action.
I was buying a house and closer decided to end the deal due to lender not meeting closing date. I know meeting closing date is not guaranteed but every time I try to contact them they never called back. When I was finally able to contact them (two day before my closing date) they said they needed... Read more »
Are you using a Realtor? That person is probably the first person you should (or should have been) in contact with. Generally, since the mortgage lender is not a part of the contract you made with the seller, it would be hard to assign liability to them.
responsible for paying their bills. They did not pay us. Do we have to go after the school because that's who the contract is between or can we go after the third party that signed the contract?
It sounds like the contract was with the third party, in which case you need to pursue the third party. An attorney could review the documents and make that determination.
I field a motion to dismiss and filed for hearing . The plaintiff filed a motion for summary judgement last week . My question do I have to answer them if I'm waiting for my court hearing ?
Yes, or the motion may be granted, meaning that you lose the suit. You may want to consult an attorney.
I applied for a self-contained special education position. After being hired I was told that the district has decided to change the position to a co-teaching position. My contract only says that the position is a special education teacher position. It does not specify what type of special ed... Read more »
I don't believe a breach of an employment contract would jeopardize your teacher certification. Your contract probably provides for some provision allowing you to quit or resign with appropriate notice, so I'm not sure if there is a breach.
apparently they do not offer gap insurance on the type/length of loan we have. But we sign paperwork stating they will cover it 2 months ago.
There may be language in the GAP contract allowing them to back out. Obviously you should get your money back for the contract. If it was part of your finance contract, you may want to request a new breakdown of costs because the Truth in Lending Act requires them to provide perfectly accurate... Read more »
With remote learning, what happens if I don't agree to the terms and conditions of a 3rd party company/software, Zoom, Google, etc, they're using, can the state say I'm not teaching my child under the law? What if I don't agree to them being on camera and a 3rd party recording... Read more »
If you don't agree to the terms of service for the video platform your school uses, than you cannot participate in the virtual learning offered through the school. You would then need to elect to send your child to school in-person (if offered), or your child would not be considered an... Read more »
I'm planning on moving out and I still have a lease on my apartment, my roommate wants to take on the full lease at a later time, until then am I responsible for the utilities in her name until then or just what's in my name? We have no agreement outside of the lease with the apartment... Read more »
Once we get the facts laid out, the answer will become clear.
If the lease is in your name and you move out with the expectation that the roommate is going to sublet from you, you and the roommate need to determine the terms of the sublet. If the roommate is going to "take on the full... Read more »
I had a verbal agreement (recorded) with a pest control company to remove a wasp nest with ONLY a non residual contact aerosol pesticide which would be used to kill the wasps quickly in their nest then the nest would be put in a bag and pulled down. I was assured that the chemical used would not... Read more »
You want to know if you have a meritorious case. A lawyer will require a lot more information to answer this question. The biggest problem with your potential case is the verbal contract. Your recording may or may not be admissible in court based on multiple factors. If it's not admissible,... Read more »
i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00
If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.
Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it... Read more »
We have resided together for 20 years (last 10 in MI where the house is). We own it jointly. I have made all the payments and have proof. If I move out, and continue maintaining the home and paying the mortgage, can the other person gain financially when we finally sell due to my not residing in... Read more »
You do not need to reside in a home to maintain an ownership interest in it.
However the nature of the ownership matters. I would suggest you bring a copy of the deed to a local real estate attorney ASAP to review that and ALL the circumstances.
There may well be issues not... Read more »
Yes, I do. I need help with the formation process and filing for federal grants
For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.
"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local... Read more »
I worked multiple jobs and this is the first time they've attempted a garnishment, after all this time can they still collect even with them not making a effort to collect from previous employers
What matters is whether they have a valid judgment. Judgments may be renewed every 10 years. I would assume they did that and now that they've found you again, they can collect. You could look into filing a motion for installment payments with the court.
I am an international student planning to study in the US (Michigan). There is a strong chance I won't be able to get my visa and actually move in, but my landlord is saying that if that happens I will still have to pay all rent due under my lease. Is this true?
It may be true. If you want to avoid liability you could insist that the lease provide for your option to terminate it if you don't receive the visa. If it's too late and the lease has already been signed, you could try to sublet the leased premises. We would have to examine the lease... Read more »
A local car dealership has a sticker coupon on the newspaper, and it says bring in this sticky for 750 off the price of a vehicle. I was wondering if i take in 10 of them, if they would have to honor it. No where does it say one coupon per person or anything like that?
Absent a very specifically worded advertisement, an ad in a newspaper is not an offer to enter a contract that you can just accept by showing up with your coupon and saying "I accept." The ad is merely an invitation to deal. They would not need to give you more than $750 off any vehicle,... Read more »
Lightning caused residential fire, home not restored to previous state (only evident now after removing small bit of drywall to investigate mold smell). Thinner insulation replaced, side of house lets small light into space (revealed after removing drywall) where boards do not come together (can... Read more »
I would say your claim is unlikely to succeed.
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