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Michigan Small Claims Questions & Answers
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
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'...
Read more »

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 »

1 Answer | Asked in Real Estate Law and Small Claims for Michigan on
Q: Previous sellers didn't disclose that well is not performing to standard and new well is needed. Can I ask them to pay?

Ottawa County requires a well/septic evaluation from Health Department. My real estate agent told me that they would inspect the well. They only inspected water quality and not well itself. Water results were not ideal with Chloride and sodium, but passed.

After moving into home, son was... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 18, 2020

What WAS disclosed? Did you have a legal review of the purchase contract before the sale? There are far too many 'unknowns' here to provide a definite answer, but in general the 'buyer beware' rule applies in Michigan.

So long as the failure to disclose was just that --...
Read more »

1 Answer | Asked in Small Claims for Michigan on
Q: In Michigan I am a co signer of a vehicle and I have all the receipts showing I paid for the car for 4 years.

The car is almost paid off and the primary owner will not reason with me.

Adam Alexander
Adam Alexander answered on Aug 18, 2020

I suggest you try this again and add some detail to your question. For example, who is in possession of the vehicle? What outcome do you want? How are you damaged monetarily?

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: In the state of Michigan my vehicle was towed in a tow zone. I told them to drop vehicle before fully hooking up

They refused. They didn’t offer me a tow ticket or a fee schedule. Is this legal ?

Trent Harris
Trent Harris answered on Aug 17, 2020

Was your car parked in a tow zone? Was a tow truck called? Did the tow truck arrive and begin hooking up the vehicle before you came back to object? If so, this sounds legal. The harm was already done (breaking the law by parking in the tow zone). There is no legal loophole that says "but if I... Read more »

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for Michigan on
Q: I made an oral lease agreement but want to cancel and have the deposit back.

I made an oral agreement to sublease the defendant's apartment room for 4 months and I paid the first-month rental as a deposit. Twenty hours after I paid the money, I decided not to rent this room and requested my deposit back, however, he refused to give the money back. He said he... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jul 19, 2020

I don’t like to be the bearer of bad news, but I don’t see a basis for a rescission of the lease, or a claim that the other party breached the agreement, so I would say based upon these facts, that the landlord is in the right. Is there a basis for a claim that the landlord breached the agreement?

1 Answer | Asked in Internet Law, Lemon Law and Small Claims for Michigan on
Q: Hi, I just purchased a car from a private seller, they assured me there was no issues and I could bring it back.

I purchased a car from a private seller. He assured me there were no issues other than cosmetics, after driving it home I immediately informed him that the car ran rough, on the highway. He told me that if I found any issues, we could trade back the next day. I told him this is what I wanted. He... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 5, 2020

A Michigan attorney could advise best, but your post remains open for two weeks. As a general matter, it could be a difficult situation - one party's word against another's, as the communications/agreements appear to have been verbal. One option could be to review the terms and conditions... Read more »

1 Answer | Asked in Small Claims for Michigan on
Q: Can someone ask for their money back even after they said to "keep it" in writing?

Former friend had given me money to do his taxes for multiple years. He only provided me his 2019 info and while waiting for the rest of the years he had gotten into some trouble with the police and got arrested. I then decided to distance myself from him and his situation. My husband reached out... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Sometimes the legal answer isn't necessarily the right answer for your situation. Legally, I think you would be on good grounds to keep the money. Your former friend could certainly file a small claims action against you, but unless there is more to this story, I don't see a judge siding... Read more »

1 Answer | Asked in Consumer Law, Public Benefits, Small Claims and Contracts for Michigan on
Q: Got a writ of garnishment on a Zales jeweler card from 1995-2001 can they still garnish me in the state of Michigan

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

Brent T. Geers
Brent T. Geers answered on May 18, 2020

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.

1 Answer | Asked in Civil Rights, Consumer Law and Small Claims for Michigan on
Q: Do lawyers defend consumers against mechanics in a civil suit, if so I need help locating one in my area.

A know Mechanic has incompleted the repair on my vehicle with engine light on running rough, squealing belt price ouges on invoice, discovered both (2) men are not licensed or certified, damed auto body from some type of accident and more than once. This mechanic had my vehicle for a month and 11... Read more »

Brent T. Geers
Brent T. Geers answered on May 15, 2020

It doesn't sound like you're defending; you would be the plaintiff. You should look for an attorney who does consumer protection.

1 Answer | Asked in Collections and Small Claims for Michigan on
Q: Can I file a request and order to seize property thru mail in Calhoun county mi since They are shut down?

I need to file a request and order to seize property on two small claims court judgements. Am I able to do that thru mail?

Brent T. Geers
Brent T. Geers answered on May 15, 2020

Yes, you should be able to do so. Complete the appropriate court form and send it in for signature along with the filing fee and return envelope. I would suggest calling the clerk's office there to verify before sending anything.

1 Answer | Asked in Small Claims for Michigan on
Q: Can a person be locked up for a small debt
Tim Akpinar
Tim Akpinar answered on Apr 26, 2020

As a general matter, debts are treated as civil matters, not criminal matters. They should not involve criminal charges. Your question remains open for three weeks, and this is as a general matter, without knowing what your individual situation involves. If any type of criminal charges should... Read more »

1 Answer | Asked in Small Claims for Michigan on
Q: Hi. I have a roommate who isn't on the lease. She has been leaving and coming back,with the virus going around,and

I'm scared for me and my daughter that shes going to bring something back and give it to us(virus). Can I kick her out?

Brent T. Geers
Brent T. Geers answered on Apr 19, 2020

Your roommate may have tenant rights even though she is not on the lease. Have you asked her to relocate voluntarily?

1 Answer | Asked in Small Claims for Michigan on
Q: Can you lock a person up in detention for a debt

My wife had surgery and owe a friend money cause she helped pay the bill

Brent T. Geers
Brent T. Geers answered on Apr 8, 2020

No. We have no debtor's prison.

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can consumers energy make my pay a bill from 2009

I was trying to get gas And a inform me that I had a bill from 2009 of $1500 But I moved out of that address in the end of 2008 they will not help me out is there a limitation on how far back they can go

Trent Harris
Trent Harris answered on Mar 13, 2020

That's a good question. If the debt was from 2008-2009, it's definitely past the statute of limitations. But the statute of limitations means only that Consumers can't sue you in a court of law now to collect the debt. It doesn't necessarily mean Consumers can't ask you to... Read more »

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