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Michigan Small Claims Questions & Answers

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 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... Read more »

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... Read 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 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 my... Read more »

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 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 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 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 of...
Read 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 blocking... Read more »

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 company...
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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... Read more »

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... Read 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... Read more »

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 once... Read 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 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 in... Read 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 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... Read 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... Read more »

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... Read 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 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 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 buyer says... Read more »

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 that sign-off.

You...
Read 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... Read more »

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... Read 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 animal... Read more »

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... Read 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 say a... Read more »

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...
Read more »

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 rest of her life.... Read more »

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.

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