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Michigan Questions & Answers
1 Answer | Asked in Internet Law, Municipal Law and Communications Law for Michigan on
Q: Can an attorney be personal Facebook friends with over half of the members of a village council that they represent?

I have been dealing with matters concerning the small village where deceased parent's house is located. My dealings with the village attorney have become rather unfavorable. I have recently learned that this attorney is personal Facebook friends with over half the members of the village... View More

James L. Arrasmith
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answered on Mar 23, 2024

It's understandable that you might feel concerned about the village attorney's personal connections with members of the village council, especially if it affects your dealings with the village. Legally, there's no clear-cut rule prohibiting attorneys from being friends, even on... View More

4 Answers | Asked in Bankruptcy for Michigan on
Q: Should a joint credit card still be reporting to Experian after a discharged Chapter 7 if only 1 person filed?

1 person filed, the other did not. It's still on both credit reports.

James L. Arrasmith
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answered on Mar 24, 2024

When a Chapter 7 bankruptcy is discharged, debts listed in the bankruptcy should be reflected as such on your credit reports. However, joint credit cards represent a shared responsibility. If only one person files for bankruptcy, the other account holder remains responsible for the debt.

If...
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4 Answers | Asked in Bankruptcy for Michigan on
Q: Should a joint credit card still be reporting to Experian after a discharged Chapter 7 if only 1 person filed?

1 person filed, the other did not. It's still on both credit reports.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 21, 2024

When a debt obligation like a credit card is "joint", e.g., where the non-bankrupt "joiner" has signed an issuer document to be liable for the debt balance, yes, that obligation will continue to be reported to the credit bureaus for both of the joint obligors.

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2024

More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

James L. Arrasmith
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answered on Mar 26, 2024

When a property goes into probate after an eviction order has been issued, the situation can become complex. Probate is the legal process where a will is reviewed to determine whether it is valid and authentic. However, typically, an eviction order issued by a court before the property was placed... View More

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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Family Law and Child Custody for Michigan on
Q: I called 911 because my camera caught a ex touching my daughter I showed police who stated it look to be a relationship

He lost my phone and now are adopted out my kids this happened August 2023

James L. Arrasmith
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answered on Mar 20, 2024

I'm so sorry you're going through this incredibly difficult situation. Losing custody of your children due to suspected abuse must be devastating, especially if you believe there has been a misunderstanding. A few thoughts:

- If this happened very recently in August 2023, you...
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2 Answers | Asked in Civil Rights and Landlord - Tenant for Michigan on
Q: My disabled/wheelchair,homebound father received a "notice to quit"No reason stated, other was marked.

8yr tenent, always paid rent on time. Has been homebound due to no handicap accessible ramps. Apt. never repaired for safety. I txt landlord an t said it was because they want to renovate. He has no where to go, no family in state and very low income senior with disabilities and no one else receive... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 21, 2024

Michigan is not one of those 'many' areas the California lawyer mentions that provide 'special protections'.

Absent a showing that the eviction was 'retaliatory' or 'discriminatory' in a way protected under Michigan law, a landlord is not FORCED to...
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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

The admiralty/maritime connection (one of the chosen categories) isn't fully clear here, unless this involves a vessel. Otherwise, it could be a basic matter of breach of contract, depending on sales agreement and auction platform's terms of service. Before involving attorneys, it could... View More

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2 Answers | Asked in Consumer Law, Admiralty / Maritime, Communications Law and Federal Crimes for Michigan on
Q: Bought an item from auction clearly stating unused and when I got it it has missing screws and been tampered with..

Item doesn't charge and clearly been used and tampered with..

James L. Arrasmith
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answered on Mar 21, 2024

If you've received an item from an auction that was listed as unused but arrived in a used and tampered condition, the first step is to document everything. Take clear photos of the item, focusing on the areas where there are missing screws and signs of tampering. Make sure to keep all the... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: Is it illegal to buy nudes online?

I am a 21 year old struggling porn addict who has purchased online content from onlyfans, and Fansly. But then on Instagram some people steal onlyfans content and market it as their own to scam others and they sell it over instagram and Snap chat. They ask for payment over Venmo, apple pay and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 18, 2024

Your parents are right to be worried. It sounds like you are taking reasonable precautions against being caught up in anything really illegal. However, as you know, the sources you are getting stuff from are not on the up-and-up. A lot of scams happens behind porn because people assume you'll... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Arbitration and modification of child support

I have a high conflict custody case that has been going on for 2 and a half years with no end in sight. My original lawyer told me to agree to an arbitration because it would be cheaper but my legal fees have already superseded $200000. That arbitrator order me to pay child support for $1900 a... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Mar 18, 2024

Have you had a local attorney do a case review for you? Your notes do not provide sufficient information for me to assess why you are still stuck dealing with the arbitrator? On the one hand, it seems that you received a final custody order, and that often ends the order to arbitrate; on the other... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: I have multiple charges from the same incident but received multiple case numbers in Dearborn Michigan is the a error ?
Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Depends...different types of cases could be assigned different case numbers even from the same event. For example, you could be charged with a felony, a city misdemeanor, or a civil infractions; those would all have separate numbers. Further, if you were charged with felonies, you would always have... View More

2 Answers | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

James L. Arrasmith
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answered on Mar 30, 2024

In your situation, it's crucial to remember that lease agreements and their amendments generally require formal documentation to be legally binding. If your lease explicitly states that any changes or amendments must be documented and signed by all parties involved, then a casual... View More

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: My tenant asked if he could leave early if he found a place to rent and receive his entire deposit back. Can we rescind?

My partner was at work and busy when he responded "sure" and he was also given incorrect information that we have since found out isn't correct. The tenant took advantage of my sweet partner and threatened me with an attorney because we decided that we could not fulfill his request.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 13, 2024

Possibly. I think a judge could find that the text communication is a sufficient writing. The other issue is that the request isn't really an amendment to the lease; it sounds like he's asking to terminate the lease.

Bigger question for you is: why not let this tenant leave and...
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1 Answer | Asked in Federal Crimes for Michigan on
Q: Federal case law examples of municipality defendants paying non-economic compensatory damages for emotional injury?

I am suing a Michigan municipality for multiple crimes that have irreparably injured me, an individual homeowner in the municipality. The federal crimes include gross violations of due process and equal treatment, all documented by hard evidence. Their criminal actions are so blatant that they... View More

James L. Arrasmith
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answered on Mar 13, 2024

There are several resources available for conducting legal research and finding relevant case law. Some options include:

1. LexisNexis: This is a comprehensive online legal database that provides access to a vast collection of case law, statutes, regulations, and other legal materials. Many...
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1 Answer | Asked in Consumer Law and Internet Law for Michigan on
Q: In Michigan, is it illegal to knowingly purchase a counterfeit good (Ex. Shoes, Clothing, etc.) for personal use only?

Personal use only. No selling.

James L. Arrasmith
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answered on Mar 11, 2024

In Michigan, knowingly purchasing counterfeit goods, even for personal use, is illegal under state law. Michigan has specific laws addressing counterfeit trademarks and theft of service.

According to Michigan Compiled Laws section 750.263, a person shall not knowingly purchase or acquire...
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1 Answer | Asked in Tax Law for Michigan on
Q: IRS tax refund reversal

This past week I discovered that a stimulus deposit for $1400 was reversed on my account, March 2024. The original deposit was March 17, 2021. When I contacted the bank they said the IRS took it back because the name wasn't on the account. Well back then I aided several inmates processing... View More

James L. Arrasmith
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answered on Mar 8, 2024

In your situation, it's crucial to gather as much information and documentation as possible regarding the initial deposit and the subsequent reversal. Since the IRS has informed you that they do not conduct reversals in the manner described by your bank, and considering you've received no... View More

1 Answer | Asked in Federal Crimes for Michigan on
Q: Can the defense for a federal Rico investigation obtain the dates and time a defendants name was run through the NCIC
James L. Arrasmith
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answered on Mar 8, 2024

In the context of a federal RICO (Racketeer Influenced and Corrupt Organizations Act) investigation, obtaining detailed information such as the dates and times a defendant's name was queried in the National Crime Information Center (NCIC) database can be a complex matter. The defense team has... View More

1 Answer | Asked in Federal Crimes for Michigan on
Q: Can the defense for a federal Rico investigation obtain the dates and time a defendants name was run through the NCIC
James L. Arrasmith
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answered on Mar 8, 2024

In a federal RICO investigation, the defense team has the right to request and obtain evidence that may be relevant to their case through a process known as discovery. This includes information that could prove the innocence of the defendant or mitigate their level of culpability. However,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Michigan on
Q: If my civil rights are being violated at Kalamazoo Metro bus station and security is aware and don't help can I use?

I am at Kalamazoo Metro bus station and some young punk is harassing me, and security is aware and doing nothing can I sue them?

James L. Arrasmith
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answered on Mar 8, 2024

If you're experiencing harassment at the Kalamazoo Metro bus station and security is not taking action to assist you, it's understandable to feel frustrated and seek ways to address the situation. It's essential to document the incident as thoroughly as possible, including any... View More

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