COVID-19 Michigan Q&A by Practice Area

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COVID-19 Michigan Questions & Answers
1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a 3rd dui, will I do some jail time, during the Corona virus
Frank B. Ford
Frank B. Ford answered on Feb 9, 2021

IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: about dismissal on eviction notice?

My landlord dismissed the case and is harssaing me about someone coming over her on feb 3 to put me out, cane she do that?

Michael Zamzow
Michael Zamzow answered on Feb 2, 2021

A little more information is necessary. But, if (1) your landlord provided the notice to quit, for whatever reason, and (2) waited the requisite number of days, and (3) then filed suit against you for eviction, but then (4) voluntarily dismissed the case against you. Then it sounds to me as if,... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can I be fired because I have to care for my child because of covid related school closing?

Trying to tell me I will be terminated if I don't come to work while my child's school break has been extended because of covid related issues

Michael Zamzow
Michael Zamzow answered on Jan 30, 2021

Maybe. There is a difference between poor management decisions deciding whether or not to accommodate an employee and whether or not those accommodations violate any employee protections. You might consider reviewing Families First Coronavirus Response Act to determine whether or not it applies to... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I pay lot rent and own the title to my trailer she raised the Rent on Jan11-21

She raised the rent from 396 to 764 can she kick me out come February

Michael Zamzow
Michael Zamzow answered on Jan 30, 2021

If you own a mobile home and rent a lot in a mobile home park you are not in a traditional landlord/tenant relationship, rather you are a mobile home park tenant and special rules apply to you. Some of the special rules provide for circumstances permitting eviction such as "just cause".... Read more »

1 Answer | Asked in Personal Injury and Traffic Tickets for Michigan on
Q: can i sue the PD for giving my child covid after making my child sit in the car with the officers after a traffic stop?

my son was pulled over for a tail light while on his way to the grocery store. While pulled over neither officer had a mask and made him take his off to identify himself. While they ran his name they made him get out of his vehicle handcuffed him and sit in the patrol car with them. After waiting... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 17, 2021

Your son should first make a complaint against the officers with the department's internal affairs. Legally, whether the officers' actions were appropriate will depend on what exactly was going on at the time, and what your son was or was not doing.

2 Answers | Asked in Bankruptcy for Michigan on
Q: Wondering about the legal process for removing a dismissed chapter 13 that was never meant to be filed?

Last year I was my wages started getting garnished- immediately after getting back to work after a layoff. My plant kept sending us home because of reported COVID cases so we looked into a bankruptcy attorney to stop drowning in case it got any worse.

My plant was talking about another... Read more »

Trent Harris
Trent Harris answered on Jan 13, 2021

You cannot remove the fact that you filed a chapter 13 bankruptcy from your credit report. You filed the chapter 13 - it happened, it's a fact. You can't "unring the bell" and change the facts at this point.

A credit reporting agency has no obligation to remove or...
Read more »

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2 Answers | Asked in Bankruptcy and Tax Law for Michigan on
Q: I’m in a chapter 13 in Michigan. The tax refund portion of my case is silent. Will I get a refund if so how much?

My chapter 13 In Michigan tax refund portion is silent. Will I get a refund? If so how much am I an entitled to keep if this is silent. I really wouldn’t mind them keeping it if it paid my case off faster but this pandemic has put me out of work and I need all of my refund or pretty close to it.... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 9, 2021

Your Plan (whether before confirmation or thereafter) can be modified.

Your Plan commonly identifies the source of your funds, current and in the future, that will be used to make payments to the Plan, and routinely, that source is your current and future earnings.

It is at least...
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1 Answer | Asked in Family Law for Michigan on
Q: Hi I have been paying support over 19 years at work attached payments and 5 years myself im still paying

2016 my uc ran out i was done in 08 with child support they lost my record had to go back me and my wife and they came up with I owed her 2000$and 24000 to the state I've paid a total of close to 20 years she won't miss work to go stop the order when it was current they were taking from... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

You really need to gather all records you have, including getting a copy of your payment history. It's not necessarily a question of how many years you paid; it's a matter of how much money you owe during the period you were ordered to pay child support. It is possible to have arrearages... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does my employer have to pay me holiday pay if I'm on leave under FFCRA?

I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Is the seller of a house allowed to hold an estate sale after we've closed on the house?

She has until Aug. 30th to leave and is holding an estate sale on the 24th, 25th. We own the property now though. Is this legal? We also see the estate sale pictures have our home's window screens alongside items being sold. Our real estate agent has told us she's allowed to hold the sale... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 23, 2020

You answered your own question. If she has until the 30th to move out, the seller has until then to remove her things from the place. HOW she removes those personal property items is something most leases are completely silent on, and I would be shocked to learn of the lease created in an offer to... Read more »

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1 Answer | Asked in Uncategorized for Michigan on
Q: If we pay rent and lived here for 9 months can he legally evict us without court eviction notice?

My boyfriend and I lived here for 9 months helped fix up the house and get new appliances. There has been altercations where he thinks I need to do their dishes cause I'm currently unemployed from Covid19. He also gave us an eviction notice he downloaded and printed off from the internet and... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2020

A landlord-tenant relationship can be formed as you are describing your current situation: you pay $300 a month, and he lets you stay there. When that is established, the legal process of eviction is the remedy. That starts with either a 30-day or 7-day "notice to quit"; in rare... Read more »

1 Answer | Asked in Child Custody, Child Support and Health Care Law for Michigan on
Q: Will my ex be responsible for my child’s health care?

My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 17, 2020

Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Tenant owed 5 month rent and 1k water bill

Tenant owed 5 month rent and 1k water bill due to eviction ban and no shutoff utility as Covid19. Township can't get the bill paid but decided to add the water bill to landlord property tax. Is it correct? what I should do except file eviction? Thanks!

Brent T. Geers
Brent T. Geers answered on Aug 15, 2020

In most jurisdictions, a water bill is a lien on the land, and so ultimately is the responsibility of the property owner. That is why many landlords elect to keep the water bill in their name and charge the tenant for the water either as part of the rent or additional to it.

You can...
Read more »

1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Libel & Slander for Michigan on
Q: i am FTM transgender. Is there something i can do about my general manager discriminating against me to co workers?

i am 25, and FTM transgender. I lost my job beginning of March due to the sudden outbreaks of the virus, i was talking with a former co worker about possibly getting my job back, he said he would ask the manager, i was then informed my General Manager is being discriminating & slanderous... Read more »

Jeff Herron
Jeff Herron answered on Jul 8, 2020

In late June, 2020, the U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the 6th Circuit (which covers Michigan), holding generally that discrimination (and by extension harassment) against transgender individuals because of their status or gender nonconformity is... Read more »

1 Answer | Asked in Banking for Michigan on
Q: Banking help for person from United States that is stuck in Canada from pandemic shutdown.

There is a friend that is stuck in Canada still from the Clovid-19 lockdown. While in Canada the person had their bank account in the United states suspended due to , the bank says, fraudulent activity. The company this person works for can only deposit money earned to bank account. Meanwhile my... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 6, 2020

Banks have systems that "red flag" accounts when certain events happen, such as uncommon account usage or access from new locations. Banks will have procedures in place to identify the person and ensure that there is no identity theft. Depending on her bank, talking to someone that can... Read more »

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

Kenneth V Zichi
Kenneth V Zichi answered on Jul 6, 2020

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
Read more »

1 Answer | Asked in Car Accidents for Michigan on
Q: I was hit at my credit union today on their property by their employee do I sue the company & their employee?

I was exiting out a one way and their employee was rushing to get in as if she was late for work. She tried to turn into a one way only exit which I was coming out of. She stopped then proceed to go & hit me. Due to the coronavirus I didn’t have insurance yet. She did. I am Now having back... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 16, 2020

You will want to speak with a personal injury attorney, but expect you not having insurance to be a problem. One of the benefits of our no-fault system is that each person's insurance company is responsible for that person's bills. With you not having insurance, you may be stuck with your... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: I applied for my husbad i130 on January 2018,does the immigration ban include him??his case at the NVC

They send an email yesterday saying that they will schedule an appointment for his interview.? Is he allowed to issued a visa??

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

Yes, all immigrant visas that have yet to process at the consulates are suspended until further notice. However, the suspension can be lifted this month depending upon the discretion of the President. The challenge is that the President can limit interviews based upon the current epidemic, so he... Read more »

1 Answer | Asked in Federal Crimes for Michigan on
Q: What is the process of getting a motion filed for a federal prisoner to be released due to the covid 19 situation?
Brent T. Geers
Brent T. Geers answered on May 22, 2020

You will really want to get with an attorney who practices in federal court. I would also suggest contacting the person's prior attorney or the federal defenders office.

Just don't get your hopes up. If the person is not close to completing the sentence, or is otherwise healthy...
Read more »

2 Answers | Asked in Personal Injury for Michigan on
Q: Can I be forced to take a coronavirus testing just to have a medical procedure done?

I don’t think I should be forced because I’m not sick I don’t have to be tested when I go to work and to me it’s a forcible action to be able to track you and follow your whereabouts in quarantine you you don’t think that’s a overreach of government

Brent T. Geers
Brent T. Geers answered on May 18, 2020

Likely yes. The medical professional could refuse services if you don't, unless it's an emergency situation. I'm not sure what benefit you'd receive by refusing. The procedure you receive could be compromised because the doctor doesn't have a complete picture of what is going on.

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