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Michigan Small Claims Questions & Answers
1 Answer | Asked in Public Benefits, Federal Crimes and Small Claims for Michigan on
Q: A school administrative building was throwing out their chairs and desks. Is it illegal to take one?
Brent T. Geers
Brent T. Geers
answered on May 3, 2022

I think the safest course of action would be to contact the school and ask.

1 Answer | Asked in Small Claims and Contracts for Michigan on
Q: Can I sue someone for not paying their rental fees in a rental that’s in my name?

I rented a rental car out in my name for someone that rental car was impounded now the driver won’t respond and I’m getting hit with all the rental fees would I be able to sue him

Brent T. Geers
Brent T. Geers
answered on Apr 25, 2022

As a practical matter, you are dealing with someone who somehow got that rental car impounded...doesn't sound like a good risk to sign for anything.

You can sue whomever you like; but it doesn't sound like this person cares much about responsibility or likely what a judge says....
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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.... Read 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... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Hi, what evidence do you need to prove a contract in small claims court? Will texts and emails be sufficient? Thx

I recently bought a condo and the seller agreed to share some repair costs with me. It was supposed to be done before we closed, which is why we don’t have anything signed but she got really sick at the end and didn’t get it taken care of fully. Only 2 things fixed vs 4 on the list. I tried to... Read more »

Trent Harris
Trent Harris
answered on Apr 20, 2022

Enough? Anything's possible I guess. The fact that your evidence is mostly emails and texts doesn't dictate whether you have a winning case or not. There are ways to get those into evidence, so the trier of fact can weigh it. But keep in mind evidence is not proof.

Think if it...
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1 Answer | Asked in Small Claims for Michigan on
Q: My car was hit in a parking lot. The repairs will take 10 days. How do I get my rental car paid for by the other drive

My deductible was waved, because I am not at fault. I simply do not feel that I should have to pay for anything, when the other driver backed into me.

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

You could sue, but generally, "no fault" means your insurance covers you, and the other driver's insurance covers them.

1 Answer | Asked in Small Claims for Michigan on
Q: Client wants to speak over the phone regarding an issue?

They sent me a demand letter for a full refund regarding services I provided them via email. All correspondence before and after the demand letter to reach a reasonable agreement has been through email. Client now wants to speak on the phone. I am hesitant since the last time I spoke to a client on... Read more »

Michael Zamzow
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Michael Zamzow
answered on Feb 15, 2022

Keeping things in writing is oftentimes a good practice, and taking notes of your calls (diligently and consistently) might also be helpful. From a practical approach you might need to put together a more thorough contract that addresses these issues, this is a common theme for weddings. And if... Read more »

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
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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... Read more »

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1 Answer | Asked in Personal Injury, Insurance Defense, Municipal Law and Small Claims for Michigan on
Q: Am I responsible for removing my trampoline from a privately owned golf course's pond?

My trampoline flew into a pond owned by a privately owned golf course during a major wind storm. The trampoline was anchored down and was ripped out by the wind. I live in an HOA that is next to the golf course. The trampoline is destroyed. Am I responsible for cleaning it up out of the pond?

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2021

What is the golf course owners saying? Even though it's an act of God, someone will still have to pay. Either the golf course will just do it on their own, or they will contact the HOA and the HOA will pay, and may end up tracing it back to you.

It may be worth your while to contact...
Read more »

1 Answer | Asked in Consumer Law, Divorce, Family Law and Small Claims for Michigan on
Q: Legal options on a outstanding car loans that I have cosigned

Hi, before my divorce (divorced for 2 years), I have cosigned a car loan for my ex-spouse (both of our names are on the title). As part of the divorce agreement, I agreed to let him keep things as is because his credit is not good enough for him to refinance the truck on his own. He supposed to... Read more »

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

What does the judgment of divorce say about possession of the car? As to the bank - regardless of what the judgment says - they are going to hold you equally responsible for the balance.

1 Answer | Asked in Small Claims for Michigan on
Q: Private TRT Clinic: I paid $2,000 for treatment and the doctor disappeared.

I’ve been on TRT for 2 years with the same clinic. It’s a small clinic with one physician and one receptionist. My annual renewal just took place and I paid $2,000 upfront. I had some labs drawn and ordered medication. After that the physician disappeared. There is no one at the clinic to take... Read more »

Adam Alexander
Adam Alexander
answered on Nov 22, 2021

If you paid by credit card I suggest you consider challenging the charge before you file a lawsuit.

Also, I suggest you send a certified letter to the clinic disputing the charge and requesting an explanation. Again, before you file a lawsuit.

Without knowing more information, I do...
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2 Answers | Asked in Contracts, Small Claims and Real Estate Law for Michigan on
Q: Seller was suppose to make a repair before closing but failed to do so, can I take them to small claims court?

My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with... Read more »

Adam Alexander
Adam Alexander
answered on Oct 29, 2021

Initially, I suggest you write a letter to the seller and copy the agent. The letter should point out the defects and make a specific demand for reimbursement. After they ignore or reject your demand, you may then consider legal action. However, since you did not point out the defects during the... Read more »

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2 Answers | Asked in Small Claims for Michigan on
Q: My mother law gave us her house after abandoning the house for 6 months and now she’s kicking us out

She was upset with us over another family memeber and now she kicking us out with no where to go. She had us give up our apartment and move in her home and make payments she said to 500$ Every month that’s what her and husband did and now that we missed two months she’s kicking us out

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Jul 27, 2021

I don't spot a question, but my comment is that you might find your answer in the Michigan Landlord Tenant Handbook produced (in-part) by the law school at Michigan State University. At a quick glance it sounds as though you formed the landlord-tenant relationship, you've failed to make... Read 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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1 Answer | Asked in Small Claims for Michigan on
Q: I was walking someone's dog when it got away from me and i couldn't catch it. Can they sue me for losing their dog?

i was not walking the dog for pay.

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 9, 2021

Generally you can be sued for any reason or no reason. Withstanding a dismissal, sanctions, and winning are entirely different issues. A practical question, will the dog return or was it killed?

1 Answer | Asked in Criminal Law, Probate, Small Claims and Estate Planning for Michigan on
Q: if someone is passing away an you cant find a recent will , could there ex wife take everything if she has will

he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 9, 2021

In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint... Read more »

1 Answer | Asked in Small Claims for Michigan on
Q: If Someone Father in law is 19 and His son is 11 what are possible ways that could of happened and been legal.
Brent T. Geers
Brent T. Geers
answered on Jan 26, 2021

Is this a riddle? The son is almost assuredly not the biological son of the father-in-law. Otherwise, the father-in-law impregnated someone at the age of 8. The son could be an older woman's son, and that woman married a 19 year old, making him the father-in-law. That scenario would be legal.

1 Answer | Asked in Estate Planning, Probate and Small Claims for Michigan on
Q: My mom passed back in October of 2020 she left three storage units behind. I moved to a different state so most of my

Stuff was in those storage unit's and my aunt offered to get my stuff for me. My sister however refuses to let me aunt into these units and is basically holding my stuff hostage. These units have to cleared by the end of this month. If I go and get my stuff myself is that illegal?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 24, 2021

It is hard to say without more information.

Whose name are those storage units in? You Mom's? Yours? Your sister's?

What documentation do you have that the stuff is 'yours'? Receipts? It is your clothing and not hers, etc?

Why do they 'have'...
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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Michigan on
Q: Can I create custom AUDI emblems/badges out of gold/silver for my own vehicle and or to make as a product for retail?

Im an AUDI enthusiast and also a custom jewelry designer and fabricator with a small LLC. Ive wanted to replace the metal AUDI symbol and vehicle badges (S4) that are in various locations on the vehicle with identical replicas in diamond encrusted gold/silver, but understand there are probably many... Read more »

Trent Harris
Trent Harris
answered on Jan 11, 2021

You can do it for yourself on your own vehicle, but you wouldn't be able to offer them for sale to others due to trademark issues. If you were to sell them at retail, you would need to obtain a license from Audi, otherwise you could be sued for trademark infringement.

2 Answers | Asked in Real Estate Law and Small Claims for Michigan on
Q: First rain after closing on a house it leaks in 2 different locations. Disclosure statement said no leaks. Any recourse?
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 10, 2020

Hard to say for sure but bear in mind that 'stuff happens' and sometimes a basement that never leaked before starts due to something the seller had no control over. Did you modify landscaping or move heavy trucks etc on the lawn area around the foundation? Did it 'just' start?... Read more »

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1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can someone help me with a consumer purchased garage door issue?

Purchased the Door on 7/20/2020. The door arrived at the box store for pickup on 8/10/2020. I picked it up a day or so afterwards. After it was unloaded in my garage. I inventoried the track kit contents to verify it had what it need before I began assembly. I noticed that the struts both had been... Read more »

Adam Savett
Adam Savett
answered on Aug 26, 2020

I understand your frustration - I have been waiting for a warranty replacement for a consumer product for well over 8 weeks at this point.

I don't think you need a lawyer here, at least not based on the facts as you've outlined them.

Call / email / chat through the website...
Read more »

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