Legal Reference Blog by Renee C. Walsh, Esq.

23. June 2009:

Question:

I received a misdemeanor malicious destruction of personal property less than $100 and never finished probation in Michigan. I called and they have a warrant for me. I want to turn myself in. Will they take me to jail right then and there? ...More

29. May 2009: Michigan Leaving Child Unattended in Vehicle

Did you know that it is a crime to leave a child unattended in a vehicle if they could be harmed? I suppose that I knew that if anyone ever saw me do this, I could get a visit from Child Protective Services, but I really hadn't thought that my actions could rise to the level of a crime. ...More

29. May 2009: Michigan Leaving Child Unattended in Vehicle

Did you know that it is a crime to leave a child unattended in a vehicle if they could be harmed? I suppose that I knew that if anyone ever saw me do this, I could get a visit from Child Protective Services, but I really hadn't thought that my actions could rise to the level of a crime. ...More

28. May 2009: Michigan Rape

I have had numerous 16 year-old young women inquire as to whether their boyfriends will be in trouble with the law for having sex with them when the women were age 16. As such, I am writing this article about Michigan's statutory law on rape, codified at MCL 750.520a. ...More

29. April 2009: Michigan "7411" Drug Offense Diversion Law

MCL 333.7411 is a law was proposed to allow judges to use their discretion to provide a non-criminal sanction for first-time offenders who commit less serious drug crimes. People v Ware, 239 Mich App 437, 441, 608 NW2d 94 (2000). It is a law that can be used as a get out of jail free card for a person charged with certain drug offenses. If the candidate is eligible for application of the law to their case, under certain circumstances, the person can be discharged from probation and their case can be dismissed without a conviction entered on their criminal record. ...More

27. April 2009: Kudo from Juvenile Law Category Inquirer

"You are of such great help to me. You really are appreciated. I just would like to let you know that. You are one of the only sites that I could find that actually took your time to help find the answer to my question, without ripping me off and asking me to pay you for my answer. I just want to let you know you are appreciated for your hard work. Thank you so much Renee. ~Kierra~"

27. April 2009: A creditor has sued me, how do I stay out of court?

Question:

I was approved for two credit cards from XXX, both obtained to purchase a TV in October of 2007. One card was around a $1,000 limit and the other card was around a $500 limit. I had to get two credit cards to afford the total cost of the TV and a warranty. I lost my full time job soon thereafter and fell behind several months on payments. When I got a part-time job in July of 2008, I went to pay off some of the amount on the bigger credit card. The online payment service was suspended. I lost my part-time job soon thereafter thanks to a lay-off, and haven't made any payments on either credit card. I received one or two letters from the debt collectors and didn't think I would be sued. Well, it turns out I that I am. I know I'm an idiot for getting myself into this situation, and I know I owe them the money and have to pay it back. I owe $X and have have about three weeks to file a written answer with the court and serve a copy on the other party. ...More

23. April 2009: Garnishment

Michigan codifies the statutory law on garnishment and attachment at MCL 600.4001 et seq. and the procedural rules for handling a garnishment at MCR 3.101. Garnishment allows a creditor who has procured a judgment to take or attach property of the debtor that is held by someone other than the debtor (the garnishee) as payment. The debtors wages and bank accounts are commonly garnished. ...More

22. April 2009: Employment / Background Check Scam - "Chad Smith" on Craig's List

This economy is difficult enough without predators taking advantage of those who are looking for employment. Watch out for employment scams! ...More

21. April 2009: Collecting on a Judgment - General Information

After fighting the battle to win the lawsuit, a new battle to collect the monetary award must be commenced. The commencement of this subsequent battle must await the appeal period (MCR 2.614(A)(1), 7.101(H)(1)(a)) and/or 21 days after resolution of any motion for a new trial, for rehearing or reconsideration, or for other relief from judgment (MCR 2.614(A)(1)). Manipulating these rules allows debtors the opportunity to delay collection. There is also a stigma with some judges who view collections with negativity and may not enforce the rules that permit creditors to collect. ...More