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Michigan Small Claims Questions & Answers
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.

1 Answer | Asked in Real Estate Law and Small Claims for Michigan on
Q: We sold our house, now the buyer wants us to fix more things after the closing was completed.

We live in a county that requires a well inspection. We had the inspection done and fixed the requirements, but did not address the 'suggested' fix. The buyer moved in, and they now do not have water. It worked on the day we sold and the buyer signed off on their final walk through. The... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 14, 2017

Disputes like this are not 'common' but they are not unheard of either. Without seeing ALL the paperwork (you did have an attorney review things for you didn't you?) it is impossible to say for sure what your exposure risk is here, but I hope you had an 'as is' clause in... View More

2 Answers | Asked in Bankruptcy and Small Claims for Michigan on
Q: Items stored at an ex wife's house no documentation to speak of cannot find items now still due recompense?

Was during the aftermath of a foreclosure and bankruptcy. No documentation or record of what items went where was ever recorded. No terms of storage were recorded or agreed upon. The items were boxed up and thrown in with other stored items. The garage in question has been since searched semi... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 13, 2017

The facts you recite are vague. If it was you who filed bankruptcy, if you did not list in your schedules the items stored (in what appears to have been a gratuitious bailment, which imposes a low standard of care on the bailee) then you may be up against a judicial estoppel by having stated under... View More

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1 Answer | Asked in Small Claims for Michigan on
Q: I have a question regarding whether or not I can file a small claims court claim.

The situation is this: My husband and our dog were attacked by (4) dogs that were let loose and found there way to my property. The owners failed to respond to his attorney's request regarding insurance of the property where the dogs are housed. The dog owner stated to both the sheriff and... View More

Adam Alexander
Adam Alexander
answered on Nov 9, 2017

You can sue anyone, for anything. Will it be thrown out? Only time will tell. Based on what you have written here, it appears your case has merit. However, a lawyer would have to know some additional details to accurately estimate your chances in court. Usually, in small claims court, you will... View More

1 Answer | Asked in Criminal Law, Juvenile Law, Sexual Harassment and Small Claims for Michigan on
Q: Can a teacher engage in a relationship with a student after they have graduated?

I got into a debate about this. My friend said that within the state of Michigan, that's where I live, a teacher may not engage a student for about a year or two after they have graduated. When I ask about teacher student relations. I'm not just talking about high school teachers. Lets... View More

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2017

The answer to your question is subject to much debate. From the teacher's perspective, assuming that the student is then over the age of 18, he or she may find that being involved with a former student has career implications if not legal problems.

It is true that under Michigan law, a...
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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Michigan on
Q: I paid off My fiance's debt ($12,000) and 48 hours later she went back to her ex husband when I was out of town.

She has cut off all communication with me, no explanation. Her ex say's "Too bad!" Do I have any recourse without anything in writing? When I paid off her car she sad she would sign it over to me. The clear title had not yet arrived. She said she would repay me if it took her the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2017

You have been conned. Without a writing, or some evidence of an agreement to repay, you likely don't have any legal recourse - you, essentially, made a $12,000 gift.

There may be some things you can do taxwise, but other than that, your energy may be better spent moving on.

1 Answer | Asked in Small Claims for Michigan on
Q: Can I sue ex gf if she stops paying for her car that was bought in my name?

2 and a half years ago my live in girlfriend (at the time) needed a new car for her and her two girls. She had poor credit so we went car shopping and I bought her a car,in my name. we split a few months after and I let her keep it,and she promised to make the payments. For the last 2 years she... View More

Brent T. Geers
Brent T. Geers
answered on Sep 13, 2017

You might have a claim against her to recover for her use of the car over these years. However, as to whomever you signed the loan agreement with, this has nothing to do with her. You will be held liable for the loan balance.

Think about this for a moment: this woman had - and likely still...
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2 Answers | Asked in Estate Planning and Small Claims for Michigan on
Q: Can the judge tell us why my mom owe money to a credit card company and what she used it for I'm going to probate court

Where going to court for my moms house and it say she owe 5275 to simm associates

Brent T. Geers
Brent T. Geers
answered on Sep 13, 2017

The judge likely wouldn't know why your mom owes the money, nor would he or she have reason to. As personal representative, you could challenge the debt with the creditor.

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1 Answer | Asked in Small Claims for Michigan on
Q: Can you file a lawsuit against someone with just there name and birthday not there social
Brent T. Geers
Brent T. Geers
answered on Sep 6, 2017

You don't need someone's social security number or birthday to file a lawsuit. An address would be helpful. However, whenever you sue someone, you also need to think about collecting, which could be quite difficult without more information.

1 Answer | Asked in Small Claims for Michigan on
Q: I loaned my friend $1120 they promised to give it right back i have emails and text to prove all they wont respond now

He told me he was getting his 401k check then he gave me a card and the pin i went to a atm and the bank didnt recognize the card. He blocked my phone number and keeps going from mi to maricopa az where he said he was picking his check up from but has yet to pay me i loaned this money out with the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 4, 2017

This is a small claims issue. File it with the court and tell the judge (likely magistrate, depending on jurisdiction) what you say here. By the sounds of it, you may have difficulty serving this "friend" with notice. A good process server can help. Even if you win in small claims, you... View More

2 Answers | Asked in Contracts, Products Liability, Small Claims and Consumer Law for Michigan on
Q: T Mobile owes me over 200 for a defective phone that I returned to them & they charged me for it. It's been 5 months.

My husband and I have called several times gone to the T Mobile store several times and they keep giving us the run around. I have the receipt from UPS receiving it back. They have lied and lied and lied again. What should we do? We feel like the only way that we will get our money back is with... View More

Adam Alexander
Adam Alexander
answered on Jun 24, 2017

I suggest small claims court. It is inexpensive and you can recover your filing fee as well. The hearing is relatively informal so you do not have to know legal terminology. Remember "The People's Court" with Judge Wapner? Same concept. Bring your evidence and be ready to argue.... View More

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2 Answers | Asked in Family Law, Consumer Law, Contracts and Small Claims for Michigan on
Q: Leased a car in my name for girlfriend, now we break up, she went and bought a new car leaving me with the one I leased

Now I am stuck with pYments and over mileage fees. Can I go after her for what she is nOt paying

Neil Colman
Neil Colman
answered on Jun 1, 2017

No, in my opinion. The lease was in your name and she was driving with your knowledge and permission.

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1 Answer | Asked in Small Claims and Collections for Michigan on
Q: I recently got a judgement against me for a loan that someone gave me on their credit card

I suspect they may have filed bankruptcy and got rid of those charges. Would I have to pay him if he did that. I think he is going to put a lien on my property after the 21 days is up.

Adam Alexander
Adam Alexander
answered on Apr 29, 2017

Just so I understand, who is this "someone" who obtained a judgment against you? Is this "someone" the same person as "they" who may have filed bankruptcy?

Is this "someone" the same person as the "he" who is going to put a lien on your...
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1 Answer | Asked in Consumer Law, Lemon Law, Small Claims and Criminal Law for Michigan on
Q: I bought a car two months ago from an used car dealer. It started giving problems right two weeks after purchase and

engine has to be rebuilt which would cost me double the price of the car and it's just two months since I bought. I had already spent some thousands of dollars on it so far and now this engine replacement has come. The dealer is in Detroit and I stay in Lansing unable to go that far by this... View More

Adam Alexander
Adam Alexander
answered on Mar 30, 2017

I would need to review the purchase agreement and finance agreement to give you a more detailed response. However, most used vehicles are purchased "as-is". If you purchased the vehicle “as-is” it means you buy it with all its defects and nonconformities. Essentially, because the... View More

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