Legal Reference Blog by Renee C. Walsh, Esq.

30. July 2007: Larceny

This crime consists of a taking, and carrying away, of tangible personal property, of another, by trespass, with intent to permanently deprive. The property must be personal property, it must be tangible, and it must have some value. The property has to be taken from someone with possession. If the taker has custody of the item, as where the item has been borrowed and then never returned, then it is not larceny. On the other hand, if the property is lost or mislaid, it could be larceny because it is regarded as constructively in the possession of the owner. Abandoned property has no owner and cannot be the subject of larceny. Furthermore, ...More

26. July 2007: Life Expectancy

In personal injury and medical malpractice cases, 'life expectancy' is an important issue in determining damages. Experts will determine the damages of the plaintiff in reference to the life expectancy of an average individual living under the same conditions. Life expectancy is a statistical measure of the average number of years a person has ...More

18. July 2007: Anti-Lapse Statutes

Most states have anti-lapse statutes. Black's Law Dictionary Sixth Edition defines 'anti-lapse statute' as legislation enacted in most jurisdictions to provide for the testamentary passing of property to heirs and next of kin of the designated legatee or devisee if he dies before the testator, thus preventing ...More

12. July 2007: Expunging Criminal Records - Michigan

Expunging criminal records is addressed in Michigan Public Act 1965, entitled, Setting Aside Convictions, and codified at MCL 780.621 to MCL 780.624. According to the law, a person is eligible to file an application to expunge a criminal record if they have been convicted of not more than one criminal offense; it has been at least five years from the conviction or imprisonment; and the conviction was not for a felony / attempt for which the maximum punishment is life imprisonment, a crime involving rape or a traffic offense.

The application fee is ...More

10. July 2007: "Registration" of Wills

A will does not have to be "registered" for it to be valid. Filing it with the probate court in the county where the testator resides is for safeguarding purposes only. It is a good idea to ascertain whether there are wills that have been previously "registered" / filed, which should ideally be ...More

09. July 2007: What Happens When Creditors Take You To Court

If the collector sues and proves that you owe the money claimed, a judgment can be entered for that amount plus costs. The collector can then attempt to collect from you on the judgment but only under the provisions of the Fair Debt Collection Practices Acts and this time with the ability to attach assets such as your car unless you use it for work, and garnish your wages if you net more ...More

08. July 2007: Is a Motion Required to Take a Child out of State when there is an Order in Place

According to the Michigan CHILD CUSTODY ACT OF 1970, MCL 722.31 Legal residence change of child whose parental custody governed by court order, Sec. 11.

(1) A child whose parental custody is governed by court order has, for the purposes of this section, a legal residence with each parent. *Except as otherwise provided in this section, a parent of a child whose custody is governed by court order shall not ...More

08. July 2007: When Does Bad Credit Stop Showing Up On Your Credit Report

Under the Federal Fair Credit Reporting Act, 15 USC 1681c, accounts placed for collection or charged to profit and loss which antedate the report by more than seven years must be excluded from the report. There are exempted cases where the principal amount of the credit transaction is ...More