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Michigan Small Claims Questions & Answers
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... View More

1 Answer | Asked in Car Accidents and Small Claims for Michigan on
Q: Are they responsible for that damage?

Hello

I'm a uber driver and I went to pickup a passenger where he works. It was snowing and the ground was covered. After picking him up and as were leaving I hit what seems to be a pothole and damaged my passenger front and rear wheel and tire. It was in the way and on their... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 20, 2020

There were class actions under which uber had to pay for insurance for you drivers. If you had collision, run it through that. As to their manager--his property, you can sue the company in small claims.

2 Answers | Asked in Collections and Small Claims for Michigan on
Q: On April 2, 2012, when I was on disability, I had a auto loan & returned a vehicle, 'cause I couldn't afford it no more.

On April 27, 2012, they sold the vehicle. About 1 year later on my credit report it showed that the company had put it as a charge off and it was at a zero balance. On April 27, 2019, it dropped off my credit report and it was not longer listed. Now, today, December 9, 2019, I received a summons... View More

Trent Harris
Trent Harris
answered on Dec 9, 2019

It could be legal, but maybe not because it sounds like the debt may be past the statute of limitations. The statute of limitations in Michigan for a suit to collect a debt based on a written contract is 6 years. The limitations period begins to run when the debt goes into default, not later when... View More

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1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Michigan on
Q: Can I sue in small claims court for the remainder of a personal loan if the borrower has not made a payment in a year?

I loaned someone $3,000 in 2017. We wrote a contract for this person to repay me within 5 years. I did not require a monthly minimum payment. I did, however, include 7.5% monthly interest (which I later found out is an illegal amount. Monthly interest must be much lower). I wrote the contract in... View More

Brent T. Geers
Brent T. Geers
answered on Dec 7, 2019

You may have a claim. You would quite likely need to file in the state where the contract was entered.

2 Answers | Asked in Landlord - Tenant and Small Claims for Michigan on
Q: I live in Iowa now. My previous apartment is not returning my security deposit. Can I file a small claim in Iowa?

I movedout of the apartment in Lansing in Jan 2019 breaking the lease. As per lease agreement, I keep paying rent until the leasing office leased it to someone else. They leased to another rentee in Match 11 2019. I had paid rent of March and I was told over phone that if some one takes over the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 29, 2019

No -- your landlord has no 'connection' to Iowa, and the 'nexus' of the lawsuit -- if justified -- is in Lansing. Ingham County is where any lawsuit needs to be filed, but before you do that it is important to insure you've got a legal basis to do so. Did you provide all... View More

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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...
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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...
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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...
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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...
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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...
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