Ask a Question

Get free answers to your Small Claims legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Small Claims Questions & Answers
2 Answers | Asked in Small Claims for Michigan on
Q: Hi i have an ex friend that owes me 4000 dollars there was only a verbal agreement no luck getting ahold of her
Brent T. Geers
Brent T. Geers
answered on Oct 6, 2019

Do you have anything documenting the agreement? Like a cancelled check she cashed? You would likely need to file a small claims action. But even if you win, all you are going to get is a judgment - which is little more than a piece of paper that says she legally owes you money.

While...
View More

View More Answers

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Seller agreed to offer and signed all documents. Upon waiting for closing, seller decides not to sell.

The seller agreed to all terms, contingency money is paid, 2 weeks before closing they decided they no longer needed to sell their home(long story).

What do i do now?

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 4, 2019

Without seeing the terms of the offer it is hard to say what you can or should do. Possible remedies range from getting your deposit back and declaring the deal ‘dead’ to forcing the sale, or something in between.

You need to consult with a local attorney in the area where the house is...
View More

1 Answer | Asked in Small Claims and Employment Law for Michigan on
Q: Is it fraud or mistake

How does the law fall under if I caught my company clocking me out and I was still working. I caught them on a few times and not paying me on my full commission pay. They said it was a mistake. But the manager seen me working still and was the one that clocked me out.. I was fired and then its when... View More

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2019

Your question involves elements of employment law, so you'd need to pose it to an employment attorney for the most meaningful direction. But it remains open for four weeks. In general terms, regardless of the area of law, fraud or mistake can be distinguished from one another by the state of... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Michigan on
Q: My mother passed away with no will. As her daughter, am I now responsible for her mobile home?

It is located in a seasonal campground where she paid a monthly lot rent. The trailer was never registered in her name, but she signed a lease in 2012. The owner is taking me to small claims court for the rent and cleanup fees. She says my mother added my name to the rental agreement, but I've... View More

Trent Harris
Trent Harris
answered on Jul 26, 2019

No, you shouldn't be responsible for your mother's debts because you are her heir. And if you didn't sign a lease and never occupied the property, then you shouldn't be responsible for the lease either. If you paid rent for a while, that doesn't necessarily mean you became... View More

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Michigan on
Q: In Michigan, if a tennant damages a house, and it is sold as a loss, can they still be taken to court for the damages?

There is a lease to purchase contract stating tennant is responsible for all maintenance and repairs.

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 24, 2019

Without seeing the actual lease AND the inventory/checklist forms and determining if all the documents comply with all applicable Michigan landlord/tenant laws, it is impossible to say what (if anything) a tenant may be responsible for.

IN GENERAL provided you have properly dotted your...
View More

1 Answer | Asked in Domestic Violence, Juvenile Law and Small Claims for Michigan on
Q: Can I be prosecuted?

After the fight, her mother filed a police report against me and they said the other young lady had a knot on her head. Can I possibly go to jail? I am 17 and a Junior in high school.

Jeffrey Buehner
Jeffrey Buehner
answered on May 10, 2019

If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.

1 Answer | Asked in Small Claims for Michigan on
Q: Do I sue the driver or the owner?

Hello, I was involved in an accident the other morning and was informed from the officer than the driver did not have insurance nor a valid license. Since I cannot make a claim on her insurance, I’m looking to file a small claims suit for the damages. However, she is not the registered owner of... View More

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2019

You quite likely should sue both people; let them figure out between them who should pay. This sort of action, though, may be a bit more involved than a small claims action, and if you have insurance, your insurance company should be proceeding accordingly on your behalf, unless you are thinking of... View More

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: I have two defendants in a roof install case...both want any case filed in their Michigan County. The roof was

Installed in my county. Where do I file the suit? ($8000 case)

David Soble
PREMIUM
David Soble
answered on Jan 15, 2019

Unless you have a signed contract that specifies a specific county of jurisdiction, you would file in the state district court closest to where you live and where the property is located.

1 Answer | Asked in Employment Discrimination, Employment Law and Small Claims for Michigan on
Q: I have had revoked overtime due to having FMLA - This is discrimination?

We work for Customer Service that works for a larger corporation. I was provided overtime by the company that hired me, however, the company we provide Customer Service for directed my company to revoke my overtime because I am unreliable due to having FMLA and they can't take the chance that... View More

Brent T. Geers
Brent T. Geers
answered on Jan 12, 2019

Your situation would require consultation with an experienced employee-side employment law attorney. Very generally, you are not entitled to overtime, and so your company not giving you more overtime may not mean much.

1 Answer | Asked in Small Claims for Michigan on
Q: i am being sue i need a lawyer what kind of lawyer i need

husband got a law sue for old mortgage company that dosn't pop up credit score we didn't know owe the money he dosen't work i am disability need help

Brent T. Geers
Brent T. Geers
answered on Nov 12, 2018

You - your husband, actually - needs an attorney who does civil litigation defense. It would help if that person has demonstrated expertise in mortgage and banking law.

1 Answer | Asked in Small Claims for Michigan on
Q: I loaned my friend $500.00 this past Sumner. The dates that he agreed to repay has passed. I tried to call and text.

He does not answer me.

I have the receipt from the Walmart to Walmart.

Brent T. Geers
Brent T. Geers
answered on Oct 10, 2018

Small claims seems to be the way to go. Although for that amount, you really need to weigh the costs versus potential recovery. If he doesn't show up to court, you might get a default judgment, but then you still need to collect on that, which may not be easy against someone already avoiding you.

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue (small claims court) a corporation doing business in Michigan at my local district/circuit courthouse?

I have been unable to locate the statutes governing jurisdiction of where I can file the aforementioned lawsuit.

Trent Harris
Trent Harris
answered on Oct 7, 2018

Here is the venue statute for Michigan. http://www.legislature.mi.gov/(S(mrmnjrzw5bkzjtbkhau2r4ik))/mileg.aspx?page=getObject&objectName=mcl-600-1621

It says you can sue the corporation in any county where it has a place of business, does business, or has its registered office. If none...
View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for Michigan on
Q: Neighbor wants trees cut down on lot next to them

My father owns a water front lot next his sister in law, her lot has a house, my dad's is undeveloped, there are two trees which are leaning, she thinks they are going to fall and hit her house, my dad and several others that looked say they won't hit her house there are trees on her lot... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 2, 2018

I assume (hope!) you have insurance to cover liability if something bad does happen.

That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages.

In THIS case, the fact that this discussion has happened may make your insurance...
View More

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: Can I sue a repo company?, For a repo that wasn't peaceful on the Company Part?

Repo Company, was looking for my car, around July. My neighbor took a video an I also have a statements that the Repo Company told the BBB on what happened. And I also have screenshots that one of the repo drivers girlfriend messageing a friend of mine who lives in Florida, asking her where I work... View More

Trent Harris
Trent Harris
answered on Sep 17, 2018

Michigan law allows a creditor, or their agent (repo company) to repossess a car using self-help if it can be done without breach of the peace. Breach of the peace usually means that you (the debtor) were there when the repo company came, and you clearly and vocally objected to the repossession... View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for Michigan on
Q: Deal went bad no specific evidence I have witnesses he claims he has imaginary witnesses. Not sure if I have case?

I agreed the person can have 9 logs for painting my home. A month later still not finished painting kept having excuses n i noticed when I needed some logs he took 11 extra 20 missing...I had one person on the phone they heard the deal the other person was sitting heard also but no one was watching... View More

Trent Harris
Trent Harris
answered on Sep 12, 2018

Like many legal disputes, the situation you describe involves conflicting claims and evidence. In the abstract: yes, you could have a case. But practically speaking, I wouldn't go to court over being out $300. It isn't worth it. Resolve to never do business with that person again, you are... View More

1 Answer | Asked in Consumer Law, Small Claims, Contracts and Collections for Michigan on
Q: I defaulted on an auto loan 5 years ago. Has been charged off and removed from credit report for 2 years.

Will they ever come take the vehicle.

Adam Alexander
Adam Alexander
answered on Mar 12, 2018

Depending on the year/make/model of the vehicle, they may or may not try to repossess it. However, keep in mind they don't have to repossess it to sue you or attempt to collect the debt. You are fortunate that it is not on your credit report. I suspect at some point a debt collector will be... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Small Claims for Michigan on
Q: I was in prison and an ex girlfriend used my identity to try to open several accounts and killed my credit score

What do I do other than the fraud report and can I collect any compensation for her doing this to me?

Adam Alexander
Adam Alexander
answered on Feb 17, 2018

You can absolutely collect damages if you are a victim of identity theft. Depending on the severity of your credit damage you are entitled to compensation under the Fair Credit Reporting Act. You would first have to set up the lawsuit properly by retaining an experienced FCRA lawyer. You can... View More

1 Answer | Asked in Criminal Law, Tax Law, Identity Theft and Small Claims for Michigan on
Q: I moved out. My before my address changed my roommate got my tax info and is withholding it. Is it a crime? whats to do?

I lived with someone for a year, and it was awful. So i did everything i could to leave and was successful. They basically are the type of person to, if was granted power in any way, try and force me to apologize for not helping her out or doing what she wanted. So I did not get my address changed... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 8, 2018

The easiest and less stressful way for you to get your tax documents would be to request them from your employers, etc. again. You can also request them from the IRS but usually they are not available until very close to or after the filing deadline so you would need to file and extension request... View More

1 Answer | Asked in Consumer Law and Small Claims for Michigan on
Q: making payments on a car, rent to own. missed two payments, can I get my money back if they take car from me?
Adam Alexander
Adam Alexander
answered on Jan 22, 2018

No. Your car payment is similar to a mortgage payment. Each payment is applied to the balance of your loan. If you miss a payment, you are in default and generally speaking, they now have the right to repossess. The law does not provide for reimbursement of any payments you made.

1 Answer | Asked in Small Claims and Landlord - Tenant for Michigan on
Q: I bought a jetski and the trailer for it 2 years ago from my old landlord. He gave the title to my ex boyfriend. Well

My ex never gave me the title and its still in my old land lords name. And my ex lost the title. I have the Jet Ski and the trailer. But now i need the title to sell it. My old land lord has told me for 6 months he will give me a copy but has not. So im not sure what to do.

Brandy

Adam Alexander
Adam Alexander
answered on Jan 21, 2018

If the landlord won't provide the title, you have to file an equitable action in your local court to compel delivery. However, prior to that, I suggest you hire a lawyer to send a demand letter to the landlord. That should do the trick - and cost you a lot less money.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.