Weblog
16. February 2012: If You're Playing The Star Spangled Banner in Michigan, You'd Better Do It Right
If you're playing the Star Spangled Banner in Michigan, you'd better do it right, or you may be committing a CRIME! It is a crime to play it wrong under the Michigan Penal Code.MCL 750.541 provides ...More
16. February 2012: Michigan Interest Rates - Usury Laws Applying to Individual Consumers
MCL 438.31 states that parties may stipulate to pay interest up to 7 percent per year. This limit applies to individual consumers and to divorcing spouses pursuant to a divorce judgment. This limit does not apply to any time price differential which may be charged upon sales of goods or services on credit.The time price differential is ...More
15. February 2012: Between Ages 17-20 Avoid Criminal Record with HYTA
The Holmes Youthful Trainee Act (HYTA) can be found at MCL 762.11 - MCL 762.16. This Michigan law allows a judge to place a youth between 17 and 20 who is alleged to have committed a crime and who has pleaded guilty to that crime, to be placed in prison or on probation, without a conviction to avoid a criminal record. (This law also applies to youths age 14, however, typically such cases are juvenile matters, which do not appear on a criminal record anyway, so HYTA status would not be sought.)This privilege excludes ...More
15. February 2012: Siblings Inherit Home Encumbered by Life Lease
Inquiry:My siblings and I inherited my grandparents home that a uncle has a life lease for. My father, his brother, bought out this uncle and another brother. Do we still have to uphold the life lease? If so, who is responsible for the taxes, maintenance, etc?
Response: ...More
15. February 2012: Untried Charges Against Michigan Inmates
When the department of corrections receives notice of an untried warrant, indictment, information, or complaint against a Michigan inmate, setting forth a criminal offense for which a prison sentence might be imposed upon conviction, the inmate shall be brought to trial within 180 days.The 180 day period starts ...More
15. February 2012: Michigan Lien Law
Michigan's lien law can be found at Chapter 570 of the Michigan Compiled Laws. The following is a list of Acts for different kinds of liens: ...More14. February 2012: Hard to Police What Goes on in Foster Homes
See Report: N.J. spent approximately $51.7 million on 317 child neglect and abuse lawsuits>.NJ spent approximately $517 million on 317 child neglect and abuse lawsuits and still, there is little hope that the massive expense really made a difference because it's too hard to police what really goes on in foster homes. Abused children should sue the system that fails them.
New Jersey settled the following lawsuits:
$800,000 settlement after 21-month old died in a foster home;
$4.5 million settlement after 17-year-old boy sexually abused by a foster parent when he was age six;
$600,000 settlement after 17-year-old girl sexually abused by her foster father beginning at the age of seven
$12.5 million settlement to four brothers, starved and beaten by their foster mother
©2009www.lawrefs.com
14. February 2012: Michigan Statutes Addressing Disputes Regarding Funeral and Burial after Death
If a dispute cannot be settled, a petition in the probate court can be filed.MCL 700.3206 Right and power to make decisions about funeral arrangements and handling, disposition, or disinterment of decedent's body; presumption; priority; shared rights and powers; personal representative or nominated personal representative; guardian; special personal representative; additional persons; reasonable attempt to locate person; "nominated personal representative" defined.
Sec. 3206.
(1) Subject to 1953 PA 181, MCL 52.201 to 52.216, and to part 28 and article 10 of the public health code, 1978 PA 368, MCL 333.2801 to 333.2899 and 333.10101 to 333.11101, a person with priority under subsections (2) to (4) or acting under subsection (5), (6), (7), or (8) is presumed to have the right and power to make decisions about funeral arrangements and the handling, disposition, or disinterment of a decedent's body, including, but not limited to, decisions about cremation, and the right to possess cremated remains of the decedent. The handling, disposition, or disinterment of a body shall be under the supervision of a person licensed to practice mortuary science in this state.
(2) The surviving spouse or, if there is no surviving spouse, the individual or individuals 18 years of age or older, in the highest order of priority under section 2103, and related to the decedent in the closest degree of consanguinity, have the rights and powers under subsection (1). ...More
14. February 2012: Probate Statutes - What Can You Do When Will or Trust is Not Being Followed
A frequent inquiry involves the death of a loved one who has a Will and/or trust which is not being followed. Typically this is a parent with children and one of the children takes assets of the estate against the Will's directive. ...More14. February 2012: Impact of Divorce on Will in Michigan
The devise to the divorcee fails and becomes a part of the residue estate.See MCL 700.2801 Effect of divorce, annulment, decree of separation, bigamy, and absence. This law proves that an individual who is divorced from the decedent is not a surviving spouse unless, by virtue of a subsequent marriage, he or she is married to the decedent at the time of death.
See also MCL 700.2807 Revocation upon divorce; revocation by other changes of circumstances. This law provides that divorce revokes a disposition of property made by a divorced individual to his former spouse or their relative in a governing instrument. It also revokes any fiduciary nomination of the former spouse.
©2009www.lawrefs.com
14. February 2012: Michigan Child Abuse Laws
Michigan Child Abuse Laws can be found in Michigan Compiled Laws:...More
14. February 2012: Time Limit for Filing Quiet Title Action in Michigan
Inquiry: What is the time limit for filing a quiet title action in Michigan?Response: The answer depends on who is the plaintiff and who is the defendant, but generally speaking, the lawsuit must be filed within 15 years. See below for more specific information.
...More
10. February 2012: Michigan Mom Given No Help From Law Enforcement to Return Her 17-year-old
Inquiry:"Dear Ms. Walsh,
I read your blog concerning seventeen year olds leaving home in Michigan. We had this experience on Thursday when our son ran away. He had turned 17 on Tuesday. We got no help from law enforcement, even though he is moving in with a registered sex offender and a woman whose own children have been removed by DHS. She actually orchestrated the runaway. She seems to be obsessed with our son and we fear she will sexually abuse him. It is extremely frustrating. Do you know of a group that is working to change these contradictory laws? Are there any other places a parent can turn to help protect their child? Our son is 17, but emotionally he is about 10. Obviously he cannot--and does not-- make good choices on his own. Legally we cannot demand that he come home and he knows it. Thanks for your expertise."
Response: ...More
09. February 2012: A Georgia 17–year-old with Alcoholic Parent Wants to Leave Home
Georgia law provides definitions for who is a “minor” and who is a “child”. A person less than age 18 is a minor as the legal age of majority in Georgia is 18. OCGA 39-1-1. However, if you are 17 and are not already in the juvenile court system, you are not a child in Georgia and could leave home unless there is an allegation that you are a “deprived child” or a “status offender”.A Georgia 17-year-old could leave home but they may get into trouble if they don’t have a parent’s consent because there could end up being an allegation that they are a deprived child or a status offender.
Georgia law provides
...More
08. February 2012: When Can a Teenager be Married in Michigan?
Marriage is codified in Chapter 551 of the Michigan Compiled Laws. See Chapter 551 Marriage. In Michigan, a teenager must be at least 16 to become emancipated (see MCL 722.4c(2)(b)) and at least 16 to get married (see MCL 551.51)....More
08. February 2012: Social Security Office Information
Follow this link to find the Social Security Office's Website: The Official Website of the U.S. Social Security Administration.You can find your local office by zip code by clicking the following link: Locate an office by zip.
When dealing with the Social Security Office, be persistent and respectful. Always document the communication providing the date, time, name of parties to the communication, and content of communication.
Additional questions can be asked below.
©2009www.lawrefs.com
08. February 2012: Arizona Lease Law for Residential Tenancies
Arizona law regarding leases can be found at Title 33 - Property, Chapter 10, starting with Article 1, 33-1301 and ending at 33-1831.See Arizona Residential Landlord and Tenant Act.
Any specific questions may be made below.
©2009www.lawrefs.com
08. February 2012: Michigan Teenager Plans to Move to Texas Without Parental Consent
I had an inquiry from a Michigan teenager wanting to move to Texas where her boyfriend lived. Texas does participate in the Interstate Compact for Juveniles which means that they will cooperate with Michigan in returning a juvenile who has run away to Michigan.Under the Interstate Compact, "juvenile" means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
(1) Accused Delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated Delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender - a person charged with an offense that would not be a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(5) Nonoffender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
"Or" is an important term relative to the definition of juvenile because given the "or" terminology, it doesn't matter if Michigan doesn't consider you a juvenile. Under (5), if you are "a person in need of supervision" Texas will help return you to Michigan.
I do not know how this would practically work, that is how it works out in a real life situation, given that in Michigan, if you are 17, there is little that the authorities will do to help you get your child back.
...More
08. July 2011: Expungement
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 former 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. Under the current law, a person who is otherwise eligible to apply for expungement is not rendered ineligible by virtue of being convicted of not more than two minor offenses (a misdemeanor or ordinance violation for which the maximum permissible imprisonment is 90 days, for which the maximum permissible fine is $1,000, and that is committed by a person who is not more than 21 years old) in addition to the offense for which the person filed an application. (SB 159; eff. 6/23/11).The application fee is
...More
19. November 2009: Michigan Statute of Limitation - Sale of Goods
The Michigan statute of limitation applicable to sales of goods is 4 years. ...More03. November 2009: Scam - Collaborative Divorce Settlement Party Needs Counsel to Collect Settlement Funds - Fraud
I received the following inquiry today:"My name is Judith Foster. I am a contacting your firm in regards to a divorce settlement with my ex husband Paul Masato) who resides in your jurisdiction. I am currently on assignment in Japan. We had an out of court agreement(Collaborative Law Agreement) for him to pay $448,450.00 plus legal fees. He has only paid me $44,000 since.
...More
22. September 2009: Michigan Kindergarten
The Michigan age requirement for enrollment in Kindergarten is December 1. ...More22. September 2009: Minor Becomes Own Social Security Disability Payee
This is a follow-up from a minor receiving disability who inquired of www.lawrefs.com about changing the payee of her benefits. Thank you for taking the time to follow up as it is very helpful to our readers! ...More22. September 2009: Michigan 17 Year Old Plans to Move to West Virginia Without Parental Consent
Question:"My 17 year old girlfriend in Michigan is neglected and abused on a regular, nearly daily, basis. I live in West Virginia, would there be any legal hang-ups to her coming here of her own free will?" ...More
21. September 2009: Landlord and Tenant Law - Maryland
Question:"I rented a room in a five-bedroom home in June 2009. I paid my first month's rent and security deposit to the OWNER of the home. After paying the money, I was told that the OWNER actually leased the entire house to another tenant whom I had not met prior to paying the money. ...More
17. September 2009: Michigan Scanner Law - Upcharge on Cell Phone Sale
Question re: Michigan Scanner Law"What if you work for a retail cellular company and they upcharge $40.00 dollars on top of the phone price. Just because you are an upgrade and not a new line. But they do not have this listed on the tag. Is this also breaking the Michigan Retail Law?" ...More
16. September 2009: Unauthorized Recording as Evidence in New York
Question:"Can an unauthorized voice recording of my phone conversation be used in the court of new york or new jersey against me?" ...More
16. September 2009: California Debt Collection Practices
Question:"Hi, does a creditor have to take me to court to obtain a judgement against me in california? What Gotchas should I be aware of? Please help me. Thank you so much. Gratefully, Tim" ...More
06. August 2009: Cashier Scam - Check Your Receipt for Money Back
A consumer shopping at a supercenter thankfully recognized before walking out of the store, that the cashier had purposefully manipulated the transaction. ...More31. July 2009: Tort Liability of Landlord - Michigan Residential Property
Today, there are many exceptions to the common law rule that the landlord had no duty to make the premises safe. Generally speaking, a landlord is liable for latent defects or concealed dangerous conditions, he is liable as to property that is subject to public use, and he is also liable for damages from repairs he voluntarily undertook, those he contracted to repair, and those he is statutorily obligated to repair. He is also liable for failing to use reasonable care as to common areas. ...More30. July 2009: Serving Due Process to a Defendant You Can't Find
Michigan allows for publication in situations in which the defendant cannot be found to serve with process either by mail or in person. Service of process is codified in the Michigan Court Rules at MCR 2.100. ...More24. July 2009: Maryland Interception of Communications
Question:"I have a question relating to the "expectation of privacy" issue. My father was a resident of a nursing home in which the door to his room was always open so anyone could come in at any time. Would it be legal to record conversations made through his speakerphone? The other party knew where my father was and that he was on the speakerphone, but did not know the conversation would be recorded. This is in Maryland, a one-party state.
Thank you!" ...More
24. July 2009: Minor Can Receive Mental Health Treatment Without Parental Consent
The Michigan Mental Health Code provides in section 330.1707 that mental health professionals may treat minor children who are at least age 14 without the consent or knowledge of the minor's parent or guardian. In fact, the health professional cannot without the consent of the minor inform the parent or guardian of the mental health services. The treatment has to be on an outpatient basis and cannot extend for more than twelve sessions or fourth months of services after which time the treatment can continue but only with parental consent. The law follows: ...More22. July 2009: Assignment of Land Contracts - Releasing the Buyer's Responsibility
Question:"My husband and I are in a land contract for a house that we've been in for 12 years. We asked the owners if we could "walk away" and they said we would have to find someone to take over the land contract. We did that and now they've changed their minds. Is there any way we could walk away from the house without having any legal recourse? Will they be able to sue us? The deed is not in our name, it is not registered, and the notaries are expired on the deed. We just want to give the house back without legal action against us. What are your suggestions?
Rochele" ...More
21. July 2009: Michigan 17 Year Old Plans to Move to Iowa Without Parental Consent
Question:"Hi, my girlfriend is 17. She feels like her parents mistreat her (and I agree) and are not allowing her to leave. My parents and I want her to come live with us until our apartment lease starts in August. I live in Iowa. Can differences in Michigan and Iowa law affect our plan? Could I get in trouble due to Iowa law despite the fact that she is leaving her parents in Michigan? ...More
21. July 2009: Florida 17 Year Old Plans to Move to Michigan Without Parental Consent - Interstate Compact for Juveniles
Question:"Hi, I'm a 17 year old. I live with my mom in Florida who has full custody of me and it hasn't been pretty living there. My girlfriend who is also 17 and is 23 weeks pregnant recently moved to Michigan and my mom is keeping me in Florida until I am 18. I have been doing a lot of research on this. I want to take a flight to Michigan without my mom knowing and live with my girlfriend's family. I will have a job, a place and a school to attend. I am planning on calling my mom when I land in Michigan to tell her where I am and I am going to call her everyday to talk to her and to let her know that everything is ok. Will I or my girlfriend's family get in trouble with the law? Will I be forced back to Florida?" ...More
20. July 2009: Kudos!
"Hello Renee, I wasn't sure where to post Kudos, but I love the new set up of the page. I like how you have the laws for the states all lined on the side of the site. It is very helpful and convenient. I thank you too for all your hard work. I know you are a very busy person, and I thank you for all the questions you have answered for me. You are a very great source.Thankful User"
20. July 2009: Michigan Foster Care
The Children's Foster Care Services Program in Michigan is administered by the Department of Human Services. It provides placement and supervision of children who are temporary or permanent court or state wards. A child who is a ward of the court or state is a child who cannot remain at home because their family is unable to provide minimal care and supervision or whose parents' parental rights have been terminated. The foster care program has a goal to preserve the child's family where possible and this means providing services that can resolve the problem at home, so the child may be returned. ...More20. July 2009: Michigan Foster Care and 17 Year Olds
Question: What age does Foster Care deal with? What can Foster Care or Child Protective Services do with a 17 year old? Can Child Protective Services become involved if a 17 year old leaves home and has no criminal record? Does it matter if the 17 year old has been in the Foster Care system in the past, but is now out of the system? ...More20. July 2009: Moving a Body from One State to Another After Death
If you want to be buried in a state other than the state of your death, you should become educated about your options by finding out what the funeral home can do to assist you in the process. Consider discussing the issue separately with funeral homes at both ends of the journey. Find out if there are ways to keep costs down such as if it is possible for only the receiving funeral home to become involved. Ask whether the body has to be embalmed. Typically, a body will need to be embalmed before it can be transported across state lines. ...More18. July 2009: Florida Juvenile Law - Aiding Unmarried Minors
Codified at Chapter 985 of the Florida Statutes is entitled Juvenile Justice; Interstate Compact on Juveniles. Florida law 985.731 addresses sheltering unmarried minors and aiding unmarried minor runaways. It provides:...More
18. July 2009: Interstate Compact for Juveniles
The Interstate Compact for Juveniles has been adopted by 39 states:Alabama
Alaska
Arizona
Arkansas
Colorado
Connecticut
Delaware
Idaho
Illinois
Florida
Hawaii
Kansas
Kentucky
Louisana
Maine
Maryland
Michigan
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Mexico
North Carolina
North Dakota
Oklahoma
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virgina
Washington
West Virginia
Wisconsin
Wyoming ...More
18. July 2009: Michigan Still Has Old Laws on Books
The people of Michigan represented by the Michigan Legislature still have old laws keeping the citizens moral and righteous on the books. They have been codified since 1931 in the Michigan Penal Code. ...More11. July 2009: Michigan Curfews for Children
Michigan does have curfews for children under age 16 and age 12. ...More10. July 2009: Purchasing a Bank-Owned Home
Question:"The banks are playing a game in an effort to get the most they can for their foreclosed homes. They list the home for a ''lower than they will accept'' price, in order to get a lot of traffic through the house, and multiple offers, sometimes with a second round of bidding. I have unsuccessfully attempted to buy 4 bank-owned homes, always offering the asking price or more. The last offer we placed equaled the asking price, but instead of accepting the offer, the bank rejected, and then lowered the price of the home $8,000, to get more people to come through the house and to get more offers. Is this legal? Can they NOT sell us the house when we are, at the time, the only one making an offer ... and we met their price? This feels like discrimination."
10. July 2009: Discussion of Michigan's Scanner Law and Exceptions
Question:"I bought produce on sale and was charged the full price. When I asked for the bounty the clerk said it does not pertain to sale items. Is she correct? The produce did not have a price sticker affixed."
A frequent inquiry is what are the exceptions to the scanner law and the short answer is THERE ARE NONE. ...More
23. June 2009: How do I turn myself in on a warrant?
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. ...More28. 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. ...More29. 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. ...More27. 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. ...More22. 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! ...More21. 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. ...More16. April 2009: Medical Treatment of Pregnant Minor
Question:Hello, I have a very urgent question that I need answered as soon as possible. If a 17 year old is pregnant, and decides to move away from her parents, what can she do about doctor appointments? My sister is pregnant and 17, and moved away from our parents. I am 19 and unfamiliar with this. She needs to know whether a parent must be with her at the hospital to sign releases and what not. She is so confused. She needs to have regular check-ups just in case something goes wrong. She is on Medicaid. Does a hospital consider her a minor that needs a parent signature? Do you know if they can refuse her because she is only 17? Please write back, this is very urgent. Thank you. ...More
16. April 2009: Polygraph Protection Act
Michigan has compiled the POLYGRAPH PROTECTION ACT OF 1981 at MCL 37.201. This Act, effective as of March 1983, regulates the use of polygraph examinations by employers and employment agencies and the administration of polygraph examinations to employees and applicants for employment. It provides remedies and penalties for violations. Employers and employment agencies are prohibited from requiring polygraph examinations of employees and applicants for employment. They are also prohibited from discriminating against employees and applicants for employment because they refuse or decline to take a polygraph examination, and prohibited from taking any action against an employee because of an alleged or actual opinion that an employee did not tell the truth during a polygraph examination. ...More15. April 2009: Michigan Allows Medical Marihuana
The Michigan Medical Marihuana Act became effective December 4, 2008. On that date, the people of the State of Michigan found and declared, based in part upon the finding of the National Academy of Sciences' Institute of Medicine March 1999 report, that there are beneficial uses for marihuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions. Since approximately 99 out of every 100 marihuana arrests in the United States are made under state law, rather than under federal law, changing state law would protect from arrest the vast majority of seriously ill people who have a medical need to use marihuana. Even though federal law prohibits any use of marihuana except under very limited circumstances, states are not required to prosecute people for engaging in activities prohibited by federal law. for the health and welfare of its citizens, Michigan joins Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington as states which do not penalize the medical use and cultivation of marihuana. ...More14. April 2009: 9/11 Backlash JetBlue T-Shirt Lawsuit
Since September 11, 2001, there is an alleged pattern of discrimination at airports against people who are perceived as being of Arab descent. The JetBlue lawsuit was such an example. ...More06. April 2009: Disorderly Conduct
Michigan law codifies the crime of disorderly conduct at MCL 750.167. The law reaches persons who neglect their family, prostitutes, peeping toms, persons who illegally run a business, and those who are drunk, indecent or obscene, vagrants, beggars and loiterers. There are also sections of the law that apply to persons hunting while intoxicated and those who are disorderly where there is a funeral service. ...More24. February 2009: Getting Sued for a Debt that is "Charged Off"
If you have a delinquent debt, after some time it will show up on your credit report as "charged off". A frequent inquiry is "what does this mean" and can I still be sued for it?...More
20. February 2009: Watch Out for Scam Artists Trying to Get Your New Economic Stimulus Payments
There are nearly 55 million retirees that could fall prey to scam artists. Under the American Recovery & Reinvestment Act signed into law on February 17, 2009 by President Obama, recipients of Supplemental Income, Social Security Disability Insurance, Veterans pension, Railroad Retirement, or State retirement will get a one-time payment of $250....More
15. February 2009: What is an Indemnification Clause?
Black's Law Dictionary, Sixth Edition provides that to indemnify is to restore the victim of a loss, in whole or in part, by payment, repair, or replacement. This indemnity would be set forth in a contract which contains an indemnification clause. Indemnification clauses are also referred to as Hold Harmless clauses because they save the indemnitee from harm by securing them against loss or damage. These are a mainstay of corporate transactions and are commonly seen for example in commercial lease agreements and insurance contracts.A simple indemnification clause might provide that if any legal proceedings shall be instituted or any claim asserted by any third party, the indemnitee shall give the indemnitor prompt written notice. The indemnitor shall then be entitled to assume the defense of any action, suit or claim brought against the indemnitee with respect to which the indemnitor may have indemnity liability thereunder. The indemnitor shall also be responsible for legal or other expenses incurred in connection with the defense thereof. The parties agree to cooperate fully with each other in connection with the defense, negotiation or settlement of any such proceeding or claim. Each party, without cost to the other party, shall make available to the other party and their attorneys and accountants all books and records of such party relating to such proceeding or litigation.
One should also consider using language that not only provides indemnity against loss already sustained, but also provides indemnity against loss at the time the liability arises. Indemnity against loss at the time the liability arises versus after the loss has already been sustained, is appropriate since the claim for indemnity arises upon the obligor indemnitor's default. ...More
13. February 2009: What is an EJD?
I recently became aware of the professional acronym, EJD. Since I am a lawyer, I was curious to learn about this new certification, which I deduced had something to do with legal education due to the familiar JD for Juris Doctor for law degree. The EJD is an academic degree that allows its holder to work in law and non-law related fields, but does not allow the practice of law as an attorney. It is offered by online / distance schools, Concord Law School of Kaplan University, Taft Law School, British-American University and Newport University. While these schools may be accredited by the Distance Education and Training Council, the EJD degree offered is not recognized by any bar association and graduates are not able to sit for a bar exam in any jurisdiction.Concord Law claims the trademark "EJD". It's website provides: ...More
11. February 2009: MI Damages Against Landlord For Unlawful Interference with Possession
According to Michigan Compiled Law (MCL) 600.2918, if a landlord puts a tenant out in a forcible and unlawful manner, or keeps the tenant out by force, the tenant if he prevails in court, is entitled to recover three times the amount of his actual damages or $200, whichever is greater. He is, of course, also entitled to recover possession of the premises.If the landlord "unlawfully interferes" with the tenant's possessory interest, the tenant can recover his actual damages or $200.00, whichever is greater, for each occurrence and, where possession has been lost, to recover possession. Unlawful interference includes: ...More
05. February 2009: Michigan Tenants by the Entireties
Question:Hello Ms. Walsh. I am writing with a question/comment regarding your article titled "Michigan Title Company Forces Married Persons to Take Title in Spouse's Name". I am specifically asking about whether creditors of either spouse may attach attach property owned by the entireties". I have read that real property owned by married couples in Michigan as "tenants by the entireties", may be exempt from liens or judgments against an individual spouse. Judgments that were against both spouses could attach a property owned as "tenants by the entireties", while a judgment against an individual spouse could not attach the property. I have also read articles that contradict this. Is it true that owning Michigan property as "tenants by the entireties" would provide some legal protection? If so, this seems very powerful. I would then think that a married couple should hold their home as "tenants by the entireties", while ownership of things that might get you sued (cars) should be held individually.
When I read about "tenants by the entireties" this past summer, I asked my real estate agent what he thought about it. He had no idea. Then I asked my cousin (he works in the legal profession). He said: "All property held by a married couple in Michigan is "tenants by the entireties". It's automatic. It doesn't need to be specified as tenants by the entireties on the deed. It's automatically tenants by the entireties, if you're married".
My opinion is:
1. That might be true (or not), in Michigan. But several federal cases regarding property located in Michigan, seem to hinge on "tenants by the entireties" being explicitly mentioned in the deed. Since "tenants by the entireties" does not exist in all states and several other forms of joint ownership also exist, maybe tenants by the entireties should be explicitly mentioned in a deed, in case of federal action.
2. If "tenants by the entireties" was not defined in the deed, the type of ownership might be open to argument or interpretation by a lawyer or judge.
Just curious what you think.
Thanks for your time. ...More
03. February 2009: What is a valid Michigan Last Will and Testament?
Michigan law regarding Wills is codified in the Estates and Protected Individuals Code, commonly referred to as EPC and found at MCL 700.1101 to 700.8102. ...More29. January 2009: Defending Yourself Against Creditor Lawsuits
In these harsh economic times, debtors having difficulty paying their credit card bills are suffering the collection calls and lawsuit nightmares. In an article entitled 'How To Deal With Debt Collectors' I discuss that debtors who want to stop harassing calls should write a letter to the creditors asking that all communication cease or a lawsuit will be filed for violating the federal and state laws on collection practices. This is a follow-up article to discuss how sending out the letter and keeping great records can lead to success in defending a creditor lawsuit. ...More22. August 2008: Appearance at Arraignment Can Be Waived
Did you know that appearance at an arraignment can be waived so that the defendant will not be required to be present in court until the pretrial hearing? ...More14. August 2008: Special Landlord-Tenant Provisions Based upon Medical Need
There are special provisions under Michigan law for tenants who cannot live in dependently. If your loved one requires residence in a senior citizen housing facility or in an accident or similar circumstance wherein they become incapable of living independently and must move as a result, Michigan law provides that they can terminate their lease early. ...More24. June 2008: Michigan Statutes of Limitation
The statute of limitation for a particular action is the time allowed by statute for bringing litigation on that particular subject matter. The various Michigan statutes of limitation are set forth below. For other states, consider searching the state legislature's website and using search term "limitation of action". ...More17. June 2008: Michigan's Scanner Law - Retail Pricing and Automatic Checkout
Michigan's scanner law is codified at MCL 445.360a, Public Act 344, effective Mar. 29, 1985. It is popularly called the Item Pricing Act and applies to ...More02. June 2008: Patient Access to Psychiatric Medical Records
Question:A patient sees a psychiatrist for several sessions for diagnosed mental illness requiring treatment. The relationship with the psychiatrist ends poorly. The patient no longer sees the psychiatrist but wants to see his psychiatric record, including the psychiatrist's notes from their sessions together. He is told by the psychiatrist's office that copies of the medical records are not made for patients and that the only way he can see them is to make an appointment to go over the records with the doctor at a cost of $75. Is this legal? ...More
01. June 2008: Children and Safety Belts - Michigan Law as of July 1, 2008
In February 2008, an article was posted regarding this topic, essentially describing that if your child is age 4 or older, the law does not require a booster or car seat. This will no longer be the law as of July 1, 2008. ...More29. May 2008: Laws Pertaining to Trust Administration - Michigan
ESTATES AND PROTECTED INDIVIDUALS CODE, Act 386 of 1998, Article VII TRUST ADMINISTRATION, MCL 700.7101 to MCL 700.7511. ...More24. April 2008: Michigan Title Company Forces Married Persons to Take Title in Spouse's Name
Question:Can a married women in Michigan own property solely in her name?
My daughter is in the process of buying a home in Michigan. The mortgage will be in her name only. The Michigan title company closing the transaction is directing her that if a person is married and buying property in Michigan they must take title “by the entireties.” The husband that is not employed, has not worked for a year, and has a poor credit history and has nothing to do with the mortgage MUST have his name on the title. ...More
26. March 2008: "Payment in Full"
The phrase, "payment in full", is most commonly thought of in respect of seeing this clause in the memo section of a check. What does it mean and what is its legal effect? ...More25. March 2008: Order for Grandparenting Time
Michigan Compiled Law 722.27b Order for grandparenting time; circumstances; acknowledgment of parentage; commencement of action; procedures; affidavit; notice; opposing affidavit; hearing; basis for entry of order; condition; record; court mediation; frequency of filing complaint or motion seeking order; attorney fees; order prohibiting change of domicile of grandchild; effect of entry of order; modifying or terminating order.Sec. 7b. ...More
25. March 2008: Powers of Court in Child Custody Disputes
Michigan Compiled Law 722.27 Child custody disputes; powers of court; support order; enforcement of judgment or order.Sec. 7. ...More
25. March 2008: Parenting Time Defined
Michigan Compiled Law 722.27a Parenting time.Sec. 7a. ...More
25. March 2008: Best Interests of Child Defined
Michigan Compiled Law 722.23 “Best interests of the child” defined.Sec. 3.
As used in this act, “best interests of the child” means ...More
24. March 2008: Action to Quiet Title
Question:I bought 60 acres of commercial property ten years ago for $30,000.00. I did not file the deed with the Register of Deeds. The former owner again sold the property to his heirs for $50.00 last year and they recorded their deed. If they would have gone out and looked at the property, they would have seen that it was owned by someone else. Who should prevail in this situation? ...More
20. March 2008: 1972 Will Leaves Out Children and Gives All to Ex-Wife's Mother
Question:My father passed away recently. His will was from 1972. It leaves out four children from a previous marriage. It also leaves everything to his mother-in-law at the time, however, he divorced the woman to whom he was married at the time of the execution of the will. My sister and I were born after the will was made. What happens in this scenario? ...More
18. March 2008: Kudos!
"Dear Renee,Spectacular! Incredibly thoughtful and scholarly review of this unfortunate circumstance. You have given me strength to fight this landlord not just on behalf of my deceased mother but for all the other elderly tenants in this apartment (and there are quite a few of them) who were cajoled into signing this addendum.
Regards and thank you for your response,
J. S., Ph.D.
Professor of Neurosciences
Case Western Reserve University"
18. March 2008: Death Clause in Lease for Rental Property - Michigan
Question: My mother recently passed away unexpectedly at age 86. She was a 28 year renter of an apartment. After she died, I was notified by her landlord that he had gotten her to sign a lease addendum (when she was in her early 80's) that was specifically a "death clause." The clause states that, upon her death, her estate is forced to pay an early lease termination fee of 3 months rent. This is in addition to maintaining the rent monthly up until the time the apartment is vacated of all her belongings. I have scoured the internet and have found nothing like this anywhere in any lease. To me this is excessive and, indeed, unconscionable. Is this legal? ...More17. March 2008: Bankruptcy - How People Use the System
Representing clients in bankruptcy, I see how the system is used and am amazed at what I assess. Bankruptcy petitioners know how to use the system to live a lifestyle they could not otherwise afford. ...More15. March 2008: Trustee Performance - Bank's Breach of Duty
Question:In 30 years, my trust account has not grown. Can I sue my bank trustee for poor performance? Michigan law regarding trusts is codified at ...More
12. March 2008: What happens to my estate if I die without a will?
This is a common question. If you die without a will, your estate will be probated according to your state's laws of intestate succession. In Michigan, these laws are codified at ...More11. March 2008: Kudos!
Thank you very much for helping me and my family with our real estate ownership issue. Your advice on how to protect our interests and the documentation you prepared was top notch. We really appreciate your prompt responses and fair billing rates. We will certainly recommend you to others in need. Thanks again.Steve
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? ...More21. 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. ...More20. 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? ...More18. 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. ...More14. 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. ...More12. 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 ...More09. 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 ...More08. 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. ...More14. January 2008: How to Evict a Tenant for Non-Payment of Rent
Generally speaking, the law is on your side when a tenant does not pay. MCL 600.5714 provides for summary proceedings to recover possession of premises. ...More11. January 2008: Medicaid Recovery Program and Estate Planning
In September 2007 the Michigan Legislature passed into law the Medicaid Estate Recovery law found at MCL 400.112g and MCL 700.3805. Recovery will not begin until the Federal government approves of the law. If approved, it could have a direct effect on Michigan seniors and their families without proper estate planning. ...More04. January 2008: Teenagers Abused by Parents
Teenagers who are abused by parents either physically or emotionally must be courageous. Many times they feel that they will not be believed if they report the abuse and do not have proof of their injury. They want to get away from their parents and/or get help but do not know how. This article is for them. ...More22. December 2007: Shopper Discounts - Arguably Fraudulent Charges for this Service
Online buyers beware of charges to bank / credit card accounts made as a result of purchasing goods online at various retailers and unwittingly signing up for "shopper discount" service. ...More20. December 2007: Accountability of Personal Representative / Executor
Persons to whom money or property are transferred via a will / trust often wonder how to hold the executor accountable. Sometimes it may be the case that a relative, who is the executor of a deceased family member's will / trust, withholds or delays distribution of money or property. The executor may also fail to reply to inquiries or provide written documentation as to the status of the estate. The beneficiaries may lose confidence in the executor and wonder what can be done.In Michigan, according to ...More
04. December 2007: 17-year-old Runaways: Not "Adults", Not "Juveniles", And Not "Children" - Michigan Law Leaves Parents Helpless
Wow, this is really interesting. An individual who is age 17 in Michigan is not an "adult", is not a "juvenile" and also not a "child" under Michigan law. What are they then and can Michigan Law provide the authority for the parents to do anything? ...More19. November 2007: Michigan Starts Fathers at Disadvantage in Custody Cases
When a child is born to a man and a woman, the man and woman have equal rights to the child. If the man and woman separate, all else being equal, they are entitled to equal rights to the child and they should receive those rights in the form of a judgment awarding ...More17. November 2007: Voluntary Admission to Behavioral Unit a.k.a Psychiatric Ward
A woman in her 60s presents herself to an attorney advising that her daughter and her family want to put her away in a mental institution and take her assets. She tells the attorney that she is sane and ...More03. November 2007: Michigan Criminal Law Statute of Limitations
The Michigan statute of limitations on crimes is found at MCL 767.24. It provides different periods of limitation based upon the crime as follows: ...More29. October 2007: Michigan Child Care
Finding the right day care for your child is a grueling process so this blog item is dedicated to those who need assistance / guidance through the process. Thankfully, a Google search of ...More15. October 2007: Urinating in Public - Michigan
The Michigan Penal Code does not specifically identify urinating in public as a crime. This crime is frequently at the local level by for example, the local cities, villages, or townships. Michigan does have a statute in the penal code against indecent exposure. MCL 750.335a states: ...More04. October 2007: Copyright Protection of Photographs
Hi, my name is Alison and I wanted to know about whether certain material is copyrighted on blogs. I work for a crime prevention center (http://www.popcenter.org) and am a student/research assistant working under several professors. One of them asked me to find an image of a soccer referee giving out a red card for a "technique" to induce guilt/shame (which is a crime prevention technique). I wanted to see if I could obtain permission to use a picture of one image I have found on"Ref Blog" at http://www.refblog.com/pivo...
There is no contact information and I am not sure whether this is public information/non-copyrighted, since it is a blog.
Can you help me out? ...More
04. October 2007: Bankruptcy and Land Contract Forfeiture
What does a land contract vendor (seller) do when he has served an eviction notice upon the buyer for non-payment of rent, and the vendee (buyer) responds by filing for bankruptcy? ...More02. October 2007: Trademark Protection of Domain Names
Tim's Q: Company XYZ has requested that I transfer to them a domain that is similar to their company name (x-y-z.com) because it infringes on their "trademark". I have taken down the site to avoid any problem but they also request I transfer the domain to them (not clear who pays any transfer fees). I find no record of a registered trademark nor does their site indicate in any way that the name is a "trademark". Does a common law trademark give give them such rights to a domain name I own because it happens to be the name of their company?...More
26. September 2007: Kudos!
I am writing this to express my extreme satisfaction and thanks to Renee Walsh, Walsh Law PLLC. I am a single parent who like many, have had a great deal of difficulty in dealing with The Friend Of The Court. I was fortunate enough to come across this website and have the question I posted as well as many others answered by Renee with a great deal of courtesy, compassion and kindness. The information I obtained from her has proven to be of more value than I am able to adequately express here. I would highly recommend her services to anyone who finds themselves in need of legal assistance.Many thanks,
Kelli B.
26. September 2007: Visitor Inquiries - Post Your Inquiries Here
Visitors to the site may post inquiries in the comment section below. I will review the inquiries, research and prepare an answer, and post the answer in a blog article. ...More21. September 2007: Lease Law - Michigan
It is important for both the landlord and the tenant to be aware of the numerous laws that govern all aspects of the landlord-tenant relationship. The most important of these laws are:The Truth in Renting Act, MCL 554.631 to 641;
The Landlord Tenant Act, MCL 554.601 to 616; ...More
10. September 2007: Kudos!
To Renee Walsh:I am writing to you about the answer you provided me today regarding my lease termination & the extra penalty fees my apartment complex was trying to charge me. I took the answer you posted on the website to the management to argue the point that my lease does not state anything about "market value" price and paying those extra penalties. The complex admitted that the lease should have stated that price but did not due to an error on their end. They fixed my lease termination paperwork and now they're only charging me the two months rent which is what was stated in the original lease.
Because of your help, you saved me over $1600 in extra fees that I may have had to pay had I not received your guidance! I can't thank you enough for that and I plan to give a glowing review because of it!
Sincerely,
Janel Webster
06. September 2007: How Far Do you Go To Cooperate With the Police
This topic is really related to juveniles and their parents, but it can be correlated to adults cooperating with police as well. I have seen juveniles end up in serious trouble, more than necessary, because their parents allowed too much police cooperation. The scenario involves ...More29. August 2007: Public Utilities and Consumer Rights - Michigan
Did you know that Consumers Energy can transfer a debt from another consumer's account to yours or your client's and if payment is not made, a shut off notice will follow? What should you do you do in this situation? ...More16. August 2007: Small Claims Court
For those persons considering filing a complaint in small claims court because it is said to be cheaper and easier than to hire an attorney, here is food for thought on the matter. Claims that are filed in small claims court could just as well been placed on the regular civil docket. If your case is on the regular civil docket, you do not give up the right to ...More12. August 2007: Michigan Cyber Court
Did you know that Michigan has a CYBER COURT, created in law at MCL 600.8001 - 8028 and entered into law in 2002?! As the law says, the purpose of the court is to allow commercial disputes to be resolved with the expertise, technology, and efficiency required by the information age economy. Virtual court facilities are established, allowing court filing and proceedings to be conducted electronically.In Cyber Court, the only means of a hearing is ...More
08. August 2007: Habitual Offender
The Michigan habitual offender statutes provide that individuals convicted of 'a felony, an attempt to commit a felony, or both,' who subsequently commit another felony, are subject to sentence enhancement. MCL 769.10-769.12. If the prosecutor intends to seek enhancement of sentence, he must ...More02. August 2007: Michigan Attempt to Commit a Crime
The crime of attempt reduces the punishment. In some cases this does nothing. Consider a juvenile defendant age 12 charged with a 5-year felony. At the pretrial, the prosecutor offers an attempt with the selling point being that the maximum punishment is reduced. This is essentially an empty offer as to this defendant because ...More30. 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, ...More26. 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 ...More18. 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 ...More12. 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 ...More09. 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 ...More08. 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 ...More30. June 2007: Michigan Runaways
Can a 16 year old leave home without permission? No. If the individual is under age 18, they are a “minor”. MCL 722.1. The age of majority in Michigan is 18. MCL 722.52. A child can leave home with permission, however, it is still the parents obligation to support their minor children unless the court modifies or terminates the obligation via a petition for emancipation, or the minor is emancipated by operation of law. MCL 722.3.“Emancipation” means ...More
27. June 2007: Medical Malpractice Statute of Limitations - Fraudulent Concealment
Under MCL 600.5838a, a claim based on the medical malpractice of a person or entity who is or who holds himself or herself out to be a licensed health care professional, a licensed health facility or agency, or an employee or agent of a licensed health facility or agency who is engaging in or otherwise assisting in medical care and treatment, accrues at ...More25. June 2007: Eviction for Controlled Substance Violation
Attorneys do well to advise their criminal defendant clients that their controlled substance violation could get them evicted. If the client is renting property under a lease containing a provision that they can be evicted for a controlled substance violation on the property, and the landlord files a police report regarding the violation, the landlord can then evict the tenant with only 24 hours notice. According to MCL 600.5714(1)(b), ...More23. June 2007: A Valid Michigan Will
In order to make a valid will in Michigan, an individual has to be at least age 18 and of sound mind. The will has to be in writing and signed by the testator (will maker) or in their name by some other individual in the testator's conscious presence and by their direction. In other words, as to a person creating the will who cannot physically sign the document for example, he could direct another individual to sign for him in his presence. The will also has to be ...More21. June 2007: Penalty for Carrying Concealed Weapons
The penalty for carrying a concealed weapon is defined in MCL 750.227 Concealed weapons; carrying; penalty. Violation is a 5-year felony.Sec. 227.
(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.
21. June 2007: Possession Marijuana
This falls under MCL 333.7403(1)(2)(d) and is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or both. Under MCL 333.7408a, there are also licensing sanctions for conviction. If no priors then the operator's license is suspended for six months with restricted license possible after 30 days. If priors, then suspended for 1 year with restricted license possible after 60 days. The license is surrendered at the sentencing hearing.In order to prove this crime, the prosecution bears the burden of proving beyond a reasonable doubt that the person knowingly or intentionally possessed the substance which has been tested positive for marijuana.
21. June 2007: Prostitution Solicitation
Whether the punishment for prostitution / solicitation is a misdemeanor or felony depends on prior convictions. According to MCL 750.448 soliciting, accosting, or inviting to commit prostitution or immoral act; crime, a person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in section MCL 750.451. MCL 750.451 violation of §§ 750.448, 750.449, 750.449a, 750.450, or 750.462; prior convictions; penalty; definition, provides: ...More21. June 2007: Possession Narcotics < 25 Grams
In Michigan, If you are charged with possession of narcotics < 25 grams, MCL 333.7403(2)(v), for example, this is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000, or both. Depending on your criminal background, the prosecutor may dismiss this charge in exchange for an agreement to plead guilty to a lesser charge of possession which is a ...More20. June 2007: Search and Seizure - Evidence
To search and seize evidence, reasonableness is again the mainstay requirement. In order to meet this requirement, a warrant is required unless one of the six exceptions applies. Consider however, that in order to get to the point of requiring a warrant, one must first have a reasonable expectation of privacy in the place searched or item seized, because without this, there is no Fourth Amendment right to protect. There is no expectation of privacy in objects held out to the public such as handwriting, smells, sounds, etc.; or in areas "held out to the public".A valid warrant is one that is issued by a neutral and detached magistrate, based upon probable cause and particularly describing the place to be searched and items to be seized. The six exceptions to the warrant requirement are: ...More
20. June 2007: Search and Seizure - Arrests
The Fourth Amendment to the United States Constitution provides that: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Translation: No unreasonable search and seizures and no warrant unless there is probable cause, an oath, and a particular description.A foundational element for this right is that the individual has a reasonable and justifiable expectation of privacy because if not, then the government can intrude. Government intrusion into an are that is reasonably and justifiably private is a search, whereas, a seizure is the exercise of control over a person or a thing.
Michigan v Chestnut, 486 US 567 (1988) helps define what is a seizure. When a reasonable individual would assume that they are not free to leave, they are seized, and a police pursuit of a suspect is not such a seizure. There must be a physical application of force or a submission to a show of force. California v Hodari D., 499 US 621 (1991). One must consider ...More
14. June 2007: Michigan Ticket Scalping
In Michigan, selling tickets for more than their face value a.k.a. scalping, is a misdemeanor (90-days / $100 fine). See MCL 750.465(6). If people / entities are getting away with scalping tickets then it is because either the law just isn't being enforced in that particular county, or they have found the loophole and are exercising ...More13. June 2007: Some Bankruptcy Considerations
Only file for bankruptcy if your credit card and other dischargeable debt exceeds the value of your nonexempt assets (e.g., cash, bank accounts, tax refunds, etc.) by at least two thousand dollars, because with a bit of attorney help, a settlement could be worked out with the credit card companies. Chapter 7 is the best option if you want to discharge debt whereas Chapter 13 is to be considered if you are considering working out payment plans. The Chapter 7 filing fee is ...More12. June 2007: Michigan Law Regarding Dog Bites
When your dog personally injures / bites a solicitor who is on your property which has a sign warning of your dog, but not prohibiting solicitation, you can still be sued. The salesman will argue that he was was lawfully on your property because you did not have a "no solicitation" sign, and your dog bit him without provocation. Your response should be to argue that he was a trespasser, unlawfully on the property because you did not invite him and your dog warning sign is evidence that he was to keep away, and that he either intentionally or unintentionally provoked your dog.MCL 287.351 applies. If a dog bites a person, without provocation while the person is lawfully on the property of the owner of the dog, the owner shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. The salesman must prove ...More
11. June 2007: Copyright Protection of "Databases"
Copyright law is covered by the Copyright Act of 1976, codified at 17 USC s 101 et seq. Some pertinent sections include, Sections 101, 102 and 103. Section 101 defines "compilation" as: "A work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship". Section 102(b) provides: "In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work." Section 103 limits the protection of a compilation to the author's original contributions and not the facts or information conveyed.Databases are collections of facts. Facts themselves are not granted copyright protection, but if they are compiled in an original manner, the compilation is protected. A minimal degree of creativity in putting together the facts in the compilation, is required. This creativity can be represented by ...More
10. June 2007: Medical Treatment by Boarding School Infirmiry
Facts: Highschool boy gets injured in a basketball game at his boarding school. He is treated by the school infirmary in consultation with a physician. The physician diagnoses muscle strain, and orders pain medicine and physical therapy. After some time, the boy returns home to a foreign country and is treated by a physician who diagnoses via x-rays and MRI that his back bone was misaligned and he had torn cartilage in his lower vertebrae; and that even with surgery, he could have permanent, life-long nerve damage and debilitating injury. Surgery is performed with the question pending on the life-long damage.Issue: What should the boy do? He wants to return to school. His parents are in a foreign country and they do not speak English. Should he consider a medical malpractice complaint? ...More
08. June 2007: Homeowner Associations - Thankful not to have to answer to one.
Homeowner associations are governed by Michigan Public Act 162 of 1982 The Nonprofit Corporation Act. Long story short, if its in the bylaws and it is not an illegal provision of the bylaws, the homeowner association (HOA) can do it. HOAs are advised by lawyers to strictly enforce the provisions of the bylaws because if they do not, order will turn to chaos. Therefore, if you are in violation of a gardening rule for example, you can be fined and if you don't pay your fine, a lien can be filed, and then later, a notice of foreclosure if you don't pay. Furthermore, the HOA can enforce the provisions ...More06. June 2007: About Renee C. Walsh
Renee C. Walsh has been practicing law in Michigan since 2001 with over four years experience in the general practice of law and over three defending medical professionals in medical malpractice cases. She has founded http://www.walshlawpllc.com and http://www.lawrefs.com to provide helpful information and assistance to those in need. Renee's aims are virtuous as she is one of those rare non-jerk, non-arrogant attorneys, who has since elementary school days, been helping those in need. If you have legal questions email Renee at lawref@lawrefs.com and she will provide the response in her blog.©2007www.lawrefs.com
05. June 2007: Death Penalty - Mentally Retarded
The death penalty issue is almost too vast to narrow to a single sub-issue, but in this forum, it seems appropriate, and thus, the question of whether the death penalty should be used against the insane and mentally retarded.In Ford v. Wainwright, 477 US 399 (1986), the Unites States Supreme Court considered the death penalty as to an insane person. It found that consideration must be given to "objective evidence of contemporary values", as well as "the kinds of punishments that were considered cruel and unusual at the time that the Bill of Rights was adopted in 1789". The Court recognized that ...More
05. June 2007: Dealing with Prosecutors in the 30TH Circuit Hallway
I was so surprised years ago when I started a private practice and learned quickly the way the prosecutor and defense attorney communicate about cases right out in the open in the hallway where everyone can listen and hear the private information about defendants and their families.I went to a pretrial hearing in defense of a 10-year-old black boy who was charged with a felony (breaking and entering or something along those lines). I could still count the number of cases I had at that time. The boy was from Lansing, Michigan and had no prior criminal history. (You're thinking of course, he was only ten, right?) He had been in the wrong place at the wrong time - with his older brother and his friends. The boys were invited over to a girl's house when her parents were out. She had other girlfriends over and the group was doing what 13 and 14-year-old kids do. My client was seen in the driveway looking out down the street. He was checking to see if the parents were coming home as they were expected any minute. The boys left along with my 10-year-old defendant. Later, the boys allegedly went back, entered through a window and stole various items. The prosecutor argued ...More
04. June 2007: To Spank or Not To Spank - Michigan Spanking
The question: Is spanking child abuse?The answer: It depends on your state.
I live in Michigan and here, Michigan Compiled Law ( MCL ) 750.136b of the Michigan Penal Code defines child abuse. In MCL 750.136b(7) specifically exempts from criminal punishment a parent or guardian (or someone authorized by them) who takes steps to reasonably discipline a child, including the use of reasonable force. In other words, if you spank with reasonable force, you are in the clear.
The debate is clearly a personal one. As to myself, I have two children, ages five and two and never expect to and never would spank them. I prefer a firm voice and demeanor along with explanation over corporal punishment. This serves the higher purpose of maintaining my children's autonomy and dignity. Furthermore, it works! My children are happy, respectful, and well-disciplined both at home and in public. I have family and friends who spank their children and the children do not seem to be scarred. Yet, I wonder, what was it about their verbal communication that it was not effective enough to get the job done alone. It seems that getting anyone, including your child, to do or refrain from doing something is ...More
03. June 2007: Hospital Physician Relationship in Medical Malpractice Defense
The hospital physician dynamic is something that an individual will never learn unless he experiences it first hand. Most of the time, if a patient is injured while at a hospital and begins a lawsuit for medical malpractice, he will sue not only the physician but also the hospital and any other practitioner who was involved in his negligent care and treatment. It is rare that he will sue only the physician because the hospital has the deep pockets. Most physicians are not employees of the hospital, but rather merely have privileges to treat their patients at the hospital. Most physicians are employees of their own corporation including a group of physicians practicing together.A huge factor in the defense will be the amount of insurance available. If the physician has $500,000 worth of insurance coverage and the case can be settled within those limits, the hospital will work towards a stipulation to dismiss the case against them, especially if they were only the site of the negligence and did not have a negligent nurse or other staff member involved. A good plaintiff attorney will keep the hospital in to the end of the case or until it is settled to his satisfaction. A good attorney will argue that the hospital failed to have proper procedures and policies in place and find an argument for negligence. You can bet the physician wants ...More
03. June 2007: How to Prepare for a Deposition
Prepare for a deposition by knowing the facts and arguments of your case, as much as you can about the witness, the court rules relevant to depositions and evidence, and if the witness is a proponent of your position, prepare him well. Whether the witness is a fact witness or an expert witness will determine the level of preparation required. If the witness is an expert witness, not only is knowing the facts required, but also knowing the subject matter of expertise.One of the first matters to address is the subpoena and its form and requirements. If there is an objection to the form or requirements of the subpoena, put that on the record at the time the deposition begins. If the requirements are valid, do what is necessary to procure the records or other items subpoenaed along with the witness. This is something that often times must be taken care of well in advance so that the client or witness can assist you in obtaining the requested information. For example, if the subpoenaed material is the original medical chart, contact the hospital or office risk manager well in advance. Odds are that unless it is the risk manager subpoenaed, he will need advanced notice to schedule the deposition so that he can bring the original medical chart. Hospitals do not ordinarily allow the original medical chart out of the possession of the hospital, even if ...More
02. June 2007: How to Choose an Expert Witness
Hiring an expert witness is a tedious process but well worth the chagrin when it comes to a deposition that breaks the case, or credible trial testimony that impresses the jury.There are some preliminary criteria that need to be satisfied. The expert must of course be qualified to testify about the subject matter at issue. For example, in the medical malpractice field, an expert testifying about the standard of care must specialize in the same field as the defendant and be board certified in the relevant field if the defendant is. The expert must also have devoted a majority of professional time in the year preceding the time complained of to practicing or teaching an accredited program in the same specialty as the defendant. MCL 600.2169(1)(a-b).
In order to determine whether the expert is a qualified expert, a curriculum vite is necessary. Furthermore, rather than taking the expert's word for it, their qualifications can be confirmed and this probably a good idea. For example, if the expert asserts that they are certified by a particular board and it is a relevant board, the certification can be confirmed by contact with that board or with the American Medical Association or the American Board of Medical Specialties.
An expert who will positively impress the jury and the opposition is another important criteria. Therefore, not only is a qualified expert needed, but an expert who is ...More
01. June 2007: Guardian / Conservator - Will you need one?
Guardianship / conservatorship lies in the realm of probate law, an area of law that each one of us who intends to grow old needs to look at because we could be in a situation where a guardian and conservator is appointed and we are placed in a nursing home with no hope of discharge. This happened to someone close to me and I took over as guardian and conservator to get her out of the home, but I met with roadblock after roadblock and ultimately did not prevail.The person I am speaking of is a 90-year-old alcoholic. Her daughter, who resided across the state, wrote a letter to the probate judge where the 90-year-old lived and told the judge of her alcoholism. The letter was not notarized or official in any form. Based on that letter along with a non-specific petition completed by a local attorney and requesting a guardian / conservator for her protection, the judge ordered temporary guardianship / conservatorship. After 90 days, the temporary guardianship / conservatorship became permanent with additional proof in the form of a letter, though again without jurat (oath) or notarization, from the elderly woman's physician.
The elderly woman wanted to be released and to go home and so contacted me, an attorney friend. I assessed the situation, and made a plan of action and became her guardian / conservator. Next, I ...More
30. May 2007: Medical Malpractice - Who is Treating You?
Do you know who is treating you? Patients are often unaware that the professional treating them is not a physician. Here is a situation of which I became enlightened to in my practice defending hospitals, physicians and nurses. Hypothetically speaking: Patient goes to the hospital for a routine outpatient procedure under which they are to be sedated with anesthesia. The anesthesiologist M.D. (MDA) greets the patient briefly and asks some history and may perform a short examination. This takes place after another professional, likely a Certified Registered Nurse Anesthetist (CRNA) and/or a nurse has taken a history from the patient. The MDA may not do a real thorough job taking the history or performing an examination because he assumes this has been done by the nurse and/or CRNA. He is present to sedate the patient and once sedated, leaves the operating room giving control over to the CRNA. The patient may have no idea that this is taking place and that they are not being cared for by the MDA. If something goes wrong during the surgery with the anesthesia, the CRNA is allowed to use discretion to take care of the patient and may give more anesthesia without speaking with the supervising MDA. ...More29. May 2007: Medical Malpractice - Which Entities to Sue
All of them. Everyone who was involved should get a timely notice of intent to sue. The main purpose of this item is to inform the public about the way hospitals are set up, which is a topic of which I had no knowledge prior to practicing as a medical malpractice defense attorney. Prior to that time, I had no knowledge whatsoever that the emergency departments, radiology departments, anesthesia departments, and various other departments are NOT employed by the hospital. More specifically, the ER Dr. treating you when you walk in the emergency room is probably not an employee of the hospital, but rather is employed by ...More25. May 2007: Tenant's Breach of Lease
A tenant breached a lease by quitting the premises with more than six months left on her lease. She received an itemized list of damages to be deducted from the security deposit. In Michigan, if the tenant sends the landlord her forwarding address within 4 days of moving out, the landlord has 30 days to return the deposit or send an itemized list of damages against the deposit and the tenant has seven days to object. In this case, we got the tenant out of the lease without having to pay anything for that lost rent!It was easy but not due to my manipulation. On the merits, we were arguing ...More
19. May 2007: Social Security Disability Claim - Success after Multiple Denials
I defended a hospital in this medical malpractice claim. The claimant lost oxygen for about eight minutes during a routine outpatient procedure. His attorney claimed that he needed 24-hour nursing care for the rest of his life. He was in his 50s and expected to live another 30+ years, resulting in potential damages in the millions of dollars range. We focused the defense on minimizing the damages and my mission became to prove that he did not need 24-hour nursing care and that he could still do some work in the national economy. He had filed for Social Security Disability Insurance on the basis that he could no longer do his previous job. He did not have an attorney or other representative assist him in his initial application and reconsideration. His Social Security Disability records became the mainstay of the defense. Both he and his wife, and his sister, completed activities of daily living questionnaires for the Social Security Disability examiner reviewing his claim for Social Security Disability Insurance benefits. This was part of the initial application process and everyone indicated that he spent the majority of the day by himself and could care for himself by cooking and cleaning and bathing. He could even hook up a computer, assist in paying the bills, and drive. His Social Security Disability claim was ...More17. May 2007: Cross-Examination of the Lying Mother-in-Law
I defended physicians, nurses and hospitals in medical malpractice cases for a few years. Several times we discovered evidence that gave our clients the winning edge. The evidence did not come from the medical records but from other documents or statements submitted by the plaintiff or by the plaintiff's family members to other entities. This is a cautionary entry. I caution anyone who is suing or testifying to think back to any source which might have contrary information whether from the deponent or any other person.For example, in one case, a failure to diagnose a pulmonary embolism resulting in death, the deceased patient's mother-in-law took the stand. She took the stand and lied hoping that her son would receive a large damages award, which would trickle down to her. She was the key witness for the opposition, the plaintiff/patient's side. She testified at deposition and at the trial that her daughter-in-law told her that she was having shortness of breath on the way to the ER. This was critical to their case because their argument was that because she complained of shortness of breath (in addition to other symptoms), she should not have been discharged and should have had an additional work-up which would have revealed the pulmonary embolism and prevented her death the following day. The medical records evidenced that ...More