Legal Reference Blog by Renee C. Walsh, Esq.

29. February 2008: Child Care Providers and Accommodation of Disabled Children

Question:

What are the rights of a child when a child care provider refuses attendance to a child recently diagnosed with Type I Diabetes? The provider is unwilling to accommodate the child. I understand federal law in regards to daycares, preschools and school accommodations but what about a child care center that accepts money from the state. Would it be subject to federal law?

The Michigan Disabilities Act requires the centers to provide reasonable accommodations for disabled children. The Office of Civil Rights has ruled that diabetes care tasks are not unreasonable, yet in the settlement with KinderCare, insulin was not required to be provided as a reasonable accommodation. The failure to provide insulin would render the accommodation useless in that these children must have insulin to live. Am I to understand that there is not access to child care for a child with Type I Diabetes unless it is run by the school? ...More

25. February 2008: What Creditors Cannot Do When Collecting Debt

A frequent inquiry involves the question of creditors and whether they can speak with others about their debt. More generally, the issue is what can they legally do in order to collect a debt.

The federal Fair Debt Collection Practices Act (FDCPA) and the Michigan Occupational Code set forth the law on debt collection practices. The FDCPA is codified at ...More

23. February 2008: Children And Safety Belts

As parents, we want to make sure that we are following the law and protecting our children. So, what is the law on children and safety belts? ...More

21. February 2008: Ticket For Improper Use Of A Safety Belt

Did you know that you can get a ticket for the improper use of a safety belt? In other words, if you are one of those people who tucks the shoulder strap of the safety belt, under your arm, you can get an enforceable ticket. ...More

20. February 2008: Kudos!

Thank you so much for your reply. Your answer is clear and concise and extremely helpful. I will be in contact in regards to filing. The internet and you, Renee, have bridged the gap of geography and distance. I am thankful and impressed.
Regards,
Melody

20. February 2008: Trustee's Duty To Report - Court Oversight In Trust Administration

Question:

I am a beneficiary of my mother's estate which is being administered in Michigan. I would like to know if there is a law stipulating a time frame in which the personal representative, who is also the trustee must report to the other beneficiaries or heirs. ...More

19. February 2008: Should Decedent's Spouse Allow Voluntary Repossession Of Personal Property

My husband purchased a vehicle with financing and title in his name only. He has since passed away. The finance company told me that if I gave the vehicle back to them, it would be considered a voluntary repossession. I do not want the vehicle. What is my role in all this? ...More

18. February 2008: What is my recourse if debtor dies and I am owed money?

My father-in-law passed away, leaving a son and daughter. What needs to be done to take care of her home and mortgage? The father's brother seems to be acting as executor, while I am paying mortgage payments, utilities, taxes. ...More

14. February 2008: How To Deal With Debt Collectors

There is a way to stop the debt collectors from contacting you, with one hitch. If you use the method, then the collector's only option is to take you to court. ...More

12. February 2008: What is an Arraignment? Is a lawyer needed?

According to Black's Law Dictionary, an arraignment is a procedure whereby the accused is brought before the court to plead to the criminal charge against him in the indictment or information. The charge is ...More

09. February 2008: Lemon Law Applies to New Cars - What About Used Cars?

Lemon laws differ among states, but do have elements in common. Usually "lemon" is defined, there is a limitation period during which the car will qualify as a lemon, and there is a form of arbitration required. Lemon laws apply to new cars. The Michigan Lemon Law is codified at ...More

08. February 2008: How To Get Your Security Deposit Back From Your Landlord

Question:

"I live in Michigan. My landlord has my security deposit of $3,800.00. That is quite a bit of money. I gave my forwarding address to the realtor who set up the rental unit for us. She represented the landlord. My forwarding address was sent to the landlord and via the representative. She responded to my email, thanking me for the address (on the 5th day). She also indicated there was damage to several items and she was going to get estimates. This occurred 25 days ago. We have been out of the unit for 31 days with no word from my landlord. What are my rights here?" ...More

05. February 2008: Unauthorized Recordings - Eavesdropping - Michigan

Perhaps you have wanted to record a phone conversation or video taped someone in your house, and wondered whether this is permitted by law. Alternatively, perhaps you have been the subject of an unauthorized video or telephone recording, and want to know your rights. ...More