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Found 115 results

  1. I was driving down the road when was suddenly stopped by police officer the police officer claim that I hit a mailbox I had not hit a mailbox. The officer look at my car until there was no damage then came to my window and said he smelled pot then he took me out of my car and heading to the field Sebright he test at that point he was asking me for operating under the influence of drugs. I’ve been charged with an OU ID then the next day when I asked about the mailbox he told me that the person that reported I hit the mailbox said that I didn’t hit it that I came close to hitting it. and my blood was drawn because of this and I am facing and 0W ID because If this. isn’t the whole situation null and void because it started out with false pretenses? I only had my prescriptions I am on. I need advise and answers .
  2. I just recently finishes a FOC investigation which started on 9/29/17. The investigation required a full financial discovery and a new support order. My daughters 12 birthday was on 9/13/17. Should the new support order allow my ex wife to receive childcare for the 12 year old since the investigation was past her 12th birthday? (Understanding the rule of 8/31/17 cutoff).
  3. I received the FOC investigation results back and the support ordered used my tax return which included a one time capital gain of $60k for the sale of a property which was used to pay my ex wife as part of our divorce settlement. This resulted in the FOC adding $5000/month to my income. How do I get this addresses before the order goes to the judge? Will the FOC assist?
  4. Any merit in filing a small claims lawsuit against my exwife for not helping to pay for our children's college expenses. I have paid huge sums for child-support, and now that is over all children are enrolled in universities. The costs of post secondary education is very high and (2) children are at times stuck financially to proceed to get 4yr degrees, I (father) continue to help 100% in most cases when I can. The childrens mother (biological) simply refuses knowing well that it is another method to financial constrain me, and create a further financial strain even though decree states nothing after high school graduation. Is there a precedent to sue a biological parent for the 50% difference for loans etc. to educate their children after High School. With both parents employed, yet divorced living apart, can a suit of this nature succeed based on one parent assuming 100% costs vs. the other parent 0%, for post secondary education. Both parents are 100% behind education, so that our children get degrees to successfully enter a career that will pay well and become independent on their own. Thank you for any replies.
  5. An alleged felony occurred on my property. Persons involved in the situation are not residents of the property. Am I liable?
  6. I work as a waitress for a large restaurant group - as a waitress I get the minimum plus tips. The wait staff is responsible for washing all dishes - at minimum tip wage. I know and understand that sidework is part of the job - but to make your wait staff your only dishwashers at a $3.38 per hour seems illegal - any info would be appreciated.
  7. I was hired as a full time employee. The first year I was layed off during winter months. The second year I was not layed off. The third year I was moved to part time during winter months. This last year I was moved to part time for almost an entire year then moved back to full time for 3 weeks and again part time. All the while they are hiring new employees for full time positions. They have never paid for holidays until about a month ago because they could not keep people. Now that I am part time I still won't get a paid holiday. They also cheated me out of my vacation pay last year. The continue to hire full time workers but won't give me full time.
  8. Put a $1000 deposit down on a used 4-wheeler at a dealer on Saturday right before closing. Never signed a purchase agreement. The only thing I signed was the credit card slip. He never said it was non-refundable. Called today because I decided to buy new and he refused to issue a refund for the deposit. They were closed Sunday. My fiance signed a hand written receipt that he hand wrote non refundable on after the fact. It was only going to be in my name. To top it off, the hand written receipt was dated Sept. 31st lol I plan on making a dispute with my CC to get a chargeback but I also want to know my legal rights in this situation.
  9. My 17 year old recently decided to stand up to his dad and roommate about a few issues that had been occurring during visitation times. He then contacted me during his father’s parenting time and asked me to please come get him. I did. Since then he missed a few parenting times with his father. Not once did the Dad contact me, nor did I deny him visitation or contact. He chose to only contact our 17 year old. He told his dad no, he wasn’t going on parenting time, not I. Now his dad has me going to court because he wants me to be found in contempt of court for denied parenting time. However, I have never denied him. Our 17 year old has. Can I be held in contempt of court? I know from past experience with my husband’s brother that in the state of Michigan, a 17 year old can leave home and there is nothing the parent can do about it. Is it the same concerning parenting time? It’s his senior year. And before anyone gets the wrong idea, my son is an honor student, outstanding leader in our community. He is a member of NHS and volunteers a lot of time fo causes. His father has made it hard for him to play sports the last few years. He hasn’t been able to play football since his freshman year of high school. His father has not been flexible to allow him an after school job and used his dependency as a way to control what he does. Back in May he chose to start a sport that his father detests and has since made his visitation time horrible. Now his father wants me to be held in contempt of court against child visitation papers and to spend up to 30 days in jail and fine of up to $1750. He specifically put that in his letter to the friend of the court. If I’m found guilty of this, I will not only lose my job, but also will have no one to watch my other four children.
  10. Hi, So little of a backstory. I will be 20 years old in less than 2 months. Growing up my grandparents raised me, until my mom took me away from them when I was in high school. So, all through high school I lived with my mom, while taking care of my sister and basically raising her (She is 8 now, still lives with my mom, but I pick her up regularly and just assure she has everything she needs and is ok. I will be putting her in weekly Gymnastics classes next week to keep her active, cause my mom isn't doing anything to assure that). Life with my mom was unbearable and I couldn't take her emotional abuse and laziness any longer. (She didn't have a job the whole time I was in high school, she's a really good saver and doesn't spend money on barely ANYTHING. I'm not whining that she never gave me anything. Just letting you know that sometimes she chose to save money over basic necessities). Anyways, I moved out 2 months after I turned 18, and she hasn't talked to me since. I've tried to text her but she just calls me an **** and a bitch, etc. I'm in an apartment, paying ALL of my own bills, working and going to college with no help from anyone, and I don't really mind that. But, I've been talking to my dad (who hasn't ever been around, I just have been calling him to remind him of that). We talk a bit, and I find out that over $400 a month is coming out of his paychecks as child support to my mom. He tells me he still owes her $20,000. Now, if anything I'm the one that should be getting that money. My mom isn't doing anything for me in anyway, she won't even have a nice conversation with me, and after all I've had to endure of her torture, I deserve it. But, obviously I know the court isn't gonna just make my dad give me money. So what I'm trying to ask is why is he seriously still paying my mom child support, and how can I go about making it stop? She does not deserve it whatsoever.
  11. Me and one other person signed a lease to a house that we are renting together. His name is the primary person on the lease and I'm the secondary person on the lease. He said he is going to kick me out and I have 30 days to move out. He said since he is the primary person on our lease that he can kick me out even though I pay half on everything and my name is on the lease as well.
  12. My daughter is a minor when the lawsuit was filed. She won the case by settling. In Michigan she can't receive any money until she turns 18 years old. However I am the legal guardian but her attorney want me to sign power of attorney over to Him so that he can sign the checks and put her remaining funds in an annuity account. What if I don't sign over power, can I cash the check or will the defendant withhold funds.
  13. I am a substitute teacher paraprofessional working/paid thru company 'a', company 'a' is hired by school districts throughout our state to fill vacancies as needed for school districts and place teachers (subs) in a robo-call / web system on a as needed basis. I am approved for many school districts. One in particular called me for a two day vacancy Tue/Wed 11am - 330pm, I accepted and was at the school for my 1st day of subbing. This is a special needs school with disabled/autistic children elementary thru HS/adult ages. I signed in and was given the room number to attend (I did and was assisted by 3 other teachers and a nurse for disabled children requiring [medical special needs], I am not trained for medical needs and was told to assist with wheeling children to different activities). Everything went very well and students were well cared for without any incidents, then taken to bus pickup at the end of the day. Within 15 minutes on my way home I received a call that the next day Wed. my sub assignment will be cancelled which I did not question. On Thursday 2 days after this assignment I received thru my employers (company a), website a egregious/scathing report on my 4 hour assignment at a school I had never been to before, of conduct of disrespect and falsehoods that I was not compassionate and insensitive to students/co-workers/ and otherwise a terrible person. And to make a final impact I was banned from that school district of ever subbing there again. I have been with company 'a' for nearly a year and have subbed another school district at least 20times for never a hint of anything of this magnitude. Everything is on hold at this point with my employer and trying to determine if the report was intended for a different employee, but the damage is done and now I am thinking of going to an attorney for damages by that school district for falsehoods and potential of ruining my sub teaching career. At no time was I under the impression that anything was wrong for those 4 hours and I was of utmost professional and conducted myself as I always due with students/colleagues/school staff etc etc. It is as if I was a target (maybe for company 'a'), and that the school district came at me full bore with a mission to inflict serious damage, all falsehoods and can be proven as falsehoods as the school has survellience video everywhere. This incident has is so severe in nature that the report filed is so egregious in nature towards me that I believe fully I was targeted even though I never met anyone at that school before. Thanks for listening.
  14. my mother pasted in april 2017 in Michigan, macomb county. i have 6 siblings. my mother home was left in trust to me but the home has a 90000 loan put on by one if my siblings and property house with one lot was combined with a vacant lot for cheaper taxes that another sibling inherits in the trust. i have a few issues one is the mortgage on home they say that until paid off which would be 10 years if the sibling pays the mortgage the . how do i handle taxes if mother deceased the kits are combined i get house with lot and the other lot goes to another sibling who says i live there ill have to pay taxes on her lot as well because its combined. sibling should have to pay there pirtion. not enough money in estate to pay home off and executor split money between siblings so how do i get this hpme in my name if i cant afford loan. they let house be destroyed by another sibling while mom was sick. there is a car in the garage i gave sibling 3mths to move it they say i dont own property even though mom is dead and they can live stuff at my home so i cant repair. please help im a single mom who went through a divorce and left with nothing. ive lived at my mother home for past 5 years before her passing
  15. Help, I am currently going through a Divorce, I am co-signer on a vehicle loan. My soon to be ex is incarcerated and the vehicle is being held as evidence by the prosecutor. The prosecutor says I can not have it back until the trial is over, which is not for another 5 months. So I am responsible to pay for a loan on a vehicle I can't even use or have. I do not have the extra means to cover this payment on a sole income and raising 3 children. Even if I get permission from the court to sell the vehicle, I don't have it in my possession. Is there a motion of some sort I can present to the court that would relieve me of the financial obligation due to the circumstance. Please advise any help would be appreciated.
  16. My sister and I were Joint Tenants with Rights of Survivorship on our childhood home. She took out a home equity loan against her share of the house and passed away with $12,000 still owed. I am now the sole owner. Am I responsible to pay the remainder of that loan in order to have full rights to the house? Can the bank force a sale of the house if I don't pay it?
  17. A home was purchased in Detroit. The previous homeowner was put into assisted living. Her caregiver wanted to rent the home so a year lease was written. (The 96 year old in assisted living still had her belongings in the home)The The caregiver becomes ill and passes from pancreatic cancer. The daughter of the tenant had permission to store her mothers stuff until the lease ended on May 31st. The daughter (Brittany) was served with a 30 day notice to quit and a letter stating the homeowner wanted access to take pics of the property on May 15th. Homeowner finally spoke with Brittany and she agreed to a meeting. No call. No show. The following day homeowner received a call from a woman named Katherine. She stated Brittany no longer had anything to do with the property and informed homeowners she was in charge. She did set up an appointment and of course no call no show. The new homeowner then knocked on the door and was charged by this woman and she threw hot coffee on them. 911 was called and she stated she was a cousin of the deceased but was moving and would be gone by the 16th of June and was not arrested for tresspassing accessed the property on June 18th to find the home was vacant aside from things that were to stay in the home. Locks changed. The neighbor called to inform squatter locks were changed and squatter stalked new homeowner while driving three cars boxed them in and assaulted again. This time punched and broken tooth. Homeowner filed emergency an eviction and hearing set for June 30th. Filed Brittany Ford and all other occupants. Brittany defaulted but Katherine showed up an hour and a half late and somehow retetained council under Brittanys name. It was 36th district court in Detroit and white people are the minority. In the eviction hearing the Judge refused evidence and violated plaintiffs rights, due process etc.. She was completely hysteric due to the way the judge treated her. She petitioned a higher court. They stepped in. Went over documents and escorted plaintiffs to the home where it was deemed abandoned. Again squatter is informed, shows up and is dismissed by police. They have possession all is ok until they are served on July 11th with a SHOWCAUSE TO PROVE WHY THEY SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATING A COURT ORDER (the dismissed case) The allegations ranged from racial slurs to claiming property was still in the home. An alleged quote" YOU NIGGERS ARENT STAYING IN THE HOME " In court the Judge refused evidence AGAIN! Would not accept testimony proving innocence. The Contempt hearing was this past Friday the 4th. JUDGE adjourned until August 23rd however ordered homeowners to give squatter access on Sunday at 3pm. Homeowner complied fearing jail and squatter cleared the home. All homeowners possessions and prior homeowners possessions and family heirlooms. The squatters attorney attended. Homeowners were able to show the truth. The attorneys response "Oh Dear" as she watched helplessly as these people robbed them blind in broad daylight per court order... Then returned later, broke into garage and took everything in it. ANY IDEA WHERE TO START WITH THIS CASE? Who is liable?
  18. A home was purchased in Detroit. The previous homeowner was put into assisted living. Her caregiver wanted to rent the home so a year lease was written. (The 96 year old in assisted living still had her belongings in the home)The The caregiver becomes ill and passes from pancreatic cancer. The daughter of the tenant had permission to store her mothers stuff until the lease ended on May 31st. The daughter (Brittany) was served with a 30 day notice to quit and a letter stating the homeowner wanted access to take pics of the property on May 15th. Homeowner finally spoke with Brittany and she agreed to a meeting. No call. No show. The following day homeowner received a call from a woman named Katherine. She stated Brittany no longer had anything to do with the property and informed homeowners she was in charge. She did set up an appointment and of course no call no show. The new homeowner then knocked on the door and was charged by this woman and she threw hot coffee on them. 911 was called and she stated she was a cousin of the deceased but was moving and would be gone by the 16th of June and was not arrested for tresspassing accessed the property on June 18th to find the home was vacant aside from things that were to stay in the home. Locks changed. The neighbor called to inform squatter locks were changed and squatter stalked new homeowner while driving three cars boxed them in and assaulted again. This time punched and broken tooth. Homeowner filed emergency an eviction and hearing set for June 30th. Filed Brittany Ford and all other occupants. Brittany defaulted but Katherine showed up an hour and a half late and somehow retetained council under Brittanys name. It was 36th district court in Detroit and white people are the minority. In the eviction hearing the Judge refused evidence and violated plaintiffs rights, due process etc.. She was completely hysteric due to the way the judge treated her. She petitioned a higher court. They stepped in. Went over documents and escorted plaintiffs to the home where it was deemed abandoned. Again squatter is informed, shows up and is dismissed by police. They have possession all is ok until they are served on July 11th with a SHOWCAUSE TO PROVE WHY THEY SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATING A COURT ORDER (the dismissed case) The allegations ranged from racial slurs to claiming property was still in the home. An alleged quote" YOU NIGGERS ARENT STAYING IN THE HOME " In court the Judge refused evidence AGAIN! Would not accept testimony proving innocence. The Contempt hearing was this past Friday the 4th. JUDGE adjourned until August 23rd however ordered homeowners to give squatter access on Sunday at 3pm. Homeowner complied fearing jail and squatter cleared the home. All homeowners possessions and prior homeowners possessions and family heirlooms. The squatters attorney attended. Homeowners were able to show the truth. The attorneys response "Oh Dear" as she watched helplessly as these people robbed them blind in broad daylight per court order... Then returned later, broke into garage and took everything in it. ANY IDEA WHERE TO START WITH THIS CASE? Who is liable?
  19. Purchased a fishing boat from a private citizen that was presented as everything working fine. After putting in water, found the motor would not run when put in gear. Also had fuel running from carb and several other issues. Spent over $550 to get this running properly and still not sure everything is right. Contacted seller and asked for some help with the repairs since he stated everything worked fine. He has been evasive and has changed his story about the boat every time I contact him. Last conversation he stated he was not going to help with the bill even after I asked for just half. Need any help with this situation.
  20. We own a home in Macomb County, MI. The city has the usual laws, such as no noise from 10PM until 7AM, trash, rodents, etc. February 2017, a rental house across the street saw new tenants move in and they immediately started running a car repair "business" in the garage, driveway, and front lawn. This has brought much unasked for traffic to our street and this type of business is illegal. They work on vehicles from 5PM until about 3AM, every day of the week. We have complained to the City, they state they are having trouble contacting the owner. They have fined them and the owner, but the fines have gone unpaid. We have called Dispatch on nights at around midnight when they have been using very loud car repair tools, such as air compressors, only to have them not show up or give them yet another "warning", but no tickets. They started a fire on the lawn 3 times by using a gas welder out in the open near the gas lines of the vehicles, the fire dept. came, still nothing has been done. Every single night this happens and has been ongoing for 5 months. It is bringing traffic, there is loud noise every night until well into the morning, the property looks blighted and like a junkyard, torn apart cars all over the front. There is no "quiet enjoyment". The City and police have done very little to enforce their own laws. I know this is nuisance and after hours noise, what do we do next? Send the owner a letter? Sue in small claims? When the City has sent the letter with notices and fines to the owner, who lives 4 hours away, he does not answer or pay the fines. But no one has moved to evict these people and running an auto repair all night long in front of a personal home surrounded by other homes is obviously not legal. Any ideas?
  21. So I have a very controlling mother who does big things without anyone knowing and is very good at getting what she wants and lying about it. I.e. getting married without anyone knowing, getting a boob job and hiding it for months. I am a single mother of a 2 year old boy and a 6 month old girl with absolutely no father involvement. She has been trying to get me to sign custody of my son to her for a very long time. Then when my daughter was born, she told me that I wouldn't be able to do it because I'm not a good mom. I have an apartment and I just started a new full time job at 10.25 an hour. Admittedly, I'm not the greatest. I forget dates, procrastinate, struggle with money management and lose paperwork all the time. My mother takes advantage of that. She will only help me if she gets my son whenever she wants. In order to prevent confrontation, I don't fight her on taking him. I try to get her to understand how it hurts me and is not good to alienate him from me and his sister but then she and my sisters start ganging up on me so I back down. Recently, my mom went to Vegas on Sunday while I was at work. (I work every weekend and she stays in Niles so she is supposed to pick him up from daycare on Friday evening and bring him home Monday morning which she has been bringing him to daycare instead to keep him away from me). I found out about her trip from someone else and that she had left my son with my sister, knowing that my car isn't meant for long distance. I finally got my sister to bring him home and in anger, she said something about how my mom got custody in berrien springs. How can she do that without my knowledge? (She is a licensed notary) Could I file kidnapping charges and have the police help bring him home? What can I do to regain authority over my son? It is killing me how my own family is trying to keep my son away when I'm trying the best I can. I am on the verge of giving up. If anyone can help me, it may give me hope.
  22. I, We had an agreement with our nephew that he would purchase our 30' Travel Trailer. The trailer was to be paid for and moved off our property. He has paid $250ntowards the trailer, but in the mean time has squatted on out property. He is putting us in the poor house. I want to know if we can have his things removed, so that we can sell this trailer. Our neighbor is a Disabled Veteran, but he refuses to get help and has ruined many relationships. Can you give me some advice? Thanks, Norma Johnson
  23. This is a complicated question, so I'll enumerate the facts and identify opinions. We're looking for legal opinions, but any additional ethical opinions are welcome as well. My sister is the state-appointed legal guardian for our mother. We volunteered at the court hearing. My sister and I both share in the making of decisions for our mother, but only my sister has the legal authority. Guardianship was instigated by the State, who determined that she was a risk to herself and others due to her alcohol drinking habits. She was calling EMS 3-5 times per day to help her get up from falls, to get her off the toilet, and perform other tasks she was too weak/drunk to do herself. However, the State never used the term "alcohol" or "alcoholic" in their suit or determination. The reason for our mother's guardianship is "Impaired Judgment." The State doctor's report diagnoses her with "Dementia." Personal Opinion: Through research into mental symptoms, we believe that our mother is suffering from "Alcohol Related Dementia." This differs from regular dementia in that memory is not affected, but judgment, problem-solving and risk-assessment are highly affected. But, an MD has not confirmed this diagnosis. Our mother's quality of life is dismal, at best. She is mostly blind and unable to read anything, which was the greatest joy in her life. She is mostly deaf and can only listen to the TV with high-powered headphones. She is post-polio, which places her in extensive pain which cannot be regulated by pain medications. She is a life-long cigarette smoker, but is forbidden from smoking in her apartment. We have spent 5 years trying to add enjoyable pursuits to her life, to no avail. Though she is well cared for by the staff, she consistently declares that she is ready to die. Her one consistent request/demand has been to be allowed to drink alcohol in order to assuage/escape the boredom/despair of her current life. To date, we have denied that request because: A> She is taking drugs that warn against drinking alcohol with their use; B> Her past behavior indicates that she will overindulge and require greater and greater amounts to reach her goal; C> In her inebriated state, in the past she has been abusive by phone and in person to family members and caregivers. Despite these reservations, my sister is now contemplating allowing our mother to have a bottle of wine per week. Her reasoning is that our mother's quality of life is so bad, the introduction of alcohol would be both moral and ethical. The Assisted Living facility has approved this action, as they do not have any doctor's orders on file prohibiting our mother's consumption of alcohol. Based on this scenario, two questions: If our mother is hospitalized due to alcohol consumption, can my sister be charged with neglect or some other crime? If our mother dies, and it turns out to be due to alcohol misuse or overconsumption, can my sister be charged with neglect or some other crime? Thank you!
  24. Several questions. My sister in law is the successor trustee of my deceased father in laws revocable trust. There are 10 beneficiaries (including her). Does she have absolute control? What if the other 9 beneficiaries don't agree. What if something is not specified in the trust and everyone agrees on how to divide it up except for her? I have looked up the 5 things that a trustee can't do on FindLaw website and she does at least 3 of the 5 (Self Dealing, Hostility Toward Beneficiaries and Good Cause) with possibly all 5. Another thing is that one of the beneficiaries has the checkbook for the life insurance money. All, including her, agreed that that person would hold on to the checkbook and write out the checks when everyone agreed with making the payment, and she could sign it. Now she says she HAS to have the checkbook. The other 9 do not trust her. They don't want to hire a lawyer to take her out as trustee, as they are afraid of the cost. Would it be best to try to just fight her and make it go to probate court? Also, just to add how bad she is, she took the cross my father in law requested be buried with him. We found out and all she could say was "I changed my mind" when it wasn't her decision. She also wants all the property and the house and thinks she can get it as she is the trustee and she is the only one to make the decisions. She has said that the trust says the personal items gets divided 7 ways (7 siblings but my husband is deceased so his 4 children get his share) and that the money is not personal. She also has said that divided 7 ways does not mean equally 7 ways! My father in law had several "notes" written and that he had discussed with everyone on what he wanted done when he died, but he never changed his trust, we think that she purposely didn't talk to him about changing it because she knew what was in the trust (we didn't) and she wanted everything to benefit her. We know the "notes" aren't legal but she's picking and choosing which "notes" to agree to do (which usually benefits her), if it doesn't benefit her she says the "notes" aren't legal (which we do know is true) and she doesn't have to follow them. They want her to not be able to do anything the trust doesn't specifically talk about without the majority agreeing.
  25. Hi there. I'm reaching out to ask for some legal advice regarding a 3 year old misdemeanor charge of Retail Fraud 3rd degree. I know that in Michigan, I can try to have this expunged after 5 years, which I plan to do. I would like to get into the Behavioral Health field, and know that this requires starting out as a Behavior Tech in most cases, and other than the misdemeanor, I have all of the qualifications and more (because of my college degree and experience). However, after applying for one job working with adults with disabilities, they sent me a letter saying I was rejected based on my background check (I always include this information). They did not make it clear whether this was their business policy or if it was the state law, and that because of this offense I am unable to work with people with disabilities. Through my own research on this topic, I have not been able to find a clear answer. Any help would be appreciated.