A wrongful eviction would be done either constructively or through "self-help", and usually done outside the judicial process. If there was a court hearing where your landlord asserted you owed rent, and either you didn't say otherwise or the judge didn't believe you - or you... View More

Don't feel bad: a lot of attorneys and judges get confused about the court system, rules, and procedures.

Here is a 10,000-feet overview of the court system: you can break the court system down into two parts - civil and criminal. Criminal court is when you are alleged to have... View More

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More

A promissory note is a promise to pay a specific amount of money in a given time usually with interest rate and payment schedule spelled out. It is usually secured by a mortgage or similar ‘security agreement’.

This has nothing to do with life leases which is a way to transfer a... View More

I am assuming the mattress is not a luxury item as they are not usually seen as splurging money. (especially when your previous one caught on fire). It is something that is needed in your daily life, like electricity and internet access. That being said, if you took out a loan to purchase the... View More

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answered on Sep 9, 2024

The answer really goes to intent. Did you plan to file bankruptcy when you purchased the mattress? Had you spoken to counsel prior to purchasing it? Did you make a good faith effort to pay for it? Also the cost of the mattress is important - a $5000 mattress going to cause more issues than one... View More

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More

The 2027 date is probably when you are eligible after having your license revoked. You should consult with a local attorney experienced in driver license restoration to see if you have options such as a hardship or circuit court appeal. However, it's likely that if driving at all is important... View More

The use of a Michigan address is not necessarily required, but it does help to solidify the jurisdiction clause. The wording of your jurisdiction clause could be improved because if there is federal diversity action, the litigation won't be in Oakland County since the federal court does not... View More

What does your written agreement with your roommate say? Do you have ANYthing in writing?

Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed... View More

Who do you want to be protected and anonymous to? As indicated by another attorney, there are ways to file, and certain types of actions, that could keep your identity effectively "under seal" - meaning not part of the public record. However, it's unlikely you'll be able to... View More

I don't know a lot about a kill switch, but I suspect it can be removed. I've had clients sued for not making car payments and the creditor doesn't even want the car. They just want the money. But I digress. Your only question is what to do with the car. I would need more... View More

Probably not, and depending on where in the probate process the estate and what type of estate it is, it could be unlawful or at least unwise for the personal representative to do so.

The person wanting to buy the house could propose a promissory note agreed to by the personal... View More

it sounds like you have taken a step towards limiting your liability for the operation of the rental property. There remains the possibility that you could be personally liable for accidents or other events associated with the rental property. This is one reason to have insurance.

Another... View More

Sounds like this is just the standard 3-year opportunity to review support letter. That is a statutory opportunity. If neither you or the BM request review, nothing will happen. However, that means particularly that whatever support is ordered will not change.

Your issue isn't with the credit bureaus - they only report accurate information. Your issue is that there is likely an underlying default judgment out there in some court with your name on it. What you probably need to do is find out what court that judgment is from and file a motion to set... View More

The best use of what money you have now would be to fix the foundation. Going after the seller could be a fools' errand if all you have to go on is the neighbor saying they talked about it. You'd need more proof than that. Also, even if you were successful, you might get a judgment... View More

I concur this isn’t a ‘crime’ so be careful how you approach this. A ‘crime’ requires intent and this — particularly with the response of the company trying to ‘make it right’ — shows there is no criminal intent, just a very unfortunate mistake. It is ‘negligence’ at best and... View More

Really hard to say without knowing complete facts (e.g., how much is a "small" baggie) and what jurisdiction this is. I would expect some sort of bond to be posted; he has warrants while on probation (which he's not even been reporting to) - gonna be hard to convince a judge or... View More

Unlikely. While I like where you're going with your logic, unfortunately the law doesn't work that way.

Procedurally, there was an order for eviction that you appealed. When you appeal, things are sort of put on hold during the pendency of the appeal. Then, the decision is made... View More