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  1. We contracted with a roofing company to put on a new roof in 2009. It came with a 10 guarantee. We now have a leak which our home owners insurance states is due to improper installation on the roof. The contract we signed for having the roof installed lists two names at the top and in the small print on the back. Their is an LLC listed and one ending in Inc. They both have the same resident agent listed with the state of Michigan. The LLC has gone out of business. I believe the LLC is bankrupt. However the corporation still exists and is now listed with the state as doing business as (dba) a different name which has the same resident agent. It appears this guy let one business go bankrupt and then just opened up a new business under a different name. I do not know why the corporation was listed on our original contract, but it states Abc LLC and Xyz Inc. general terms and conditions. However the contract is for the installation. The guarantee is a separate document that looks like a certificate. This guarantee names only the LLC. There is an Authorized By name on it, but no actual signature. We've had multiple estimates that tell us we need to replace the entire back section of our roof. It is going to cost around $2,400. Do we have a case if we decide to sue the man who is listed as the resident agent or the other corporation listed on the original contract?
  2. May sound like a silly question, but here goes. My husband and I are planning on divorcing. I am not living in the home at present. I have a PPO against him for domestic violence. He is set to be arrested soon--I know for sure. If he makes bail, can he come back to our home and expect me to leave? If not, is it legal to have the locks changed?
  3. I have custody of our 12 yr old and my ex has custody of our 15 yr old. Recently, I filled for a change in custody regarding our 15 yr old son--this included a change in residence. We currently live about nine hours apart but both still reside in Michigan. We had a conciliation hearing in August 2014 in which the conciliator agreed that it would be in the best interest of our 15 yr old to change residence. Our son was also interviewed at that time. My ex objected to the recommendation and also enlisted a lawyer--which I do not have. We are now going into a referee hearing in November 2014. The lawyer has contacted me asking to meet with her to review what witnesses I may bring as well as any evidence that I have accumulated. What are my rights? I have contacted the court but still have not received an answer. Am I required to file a response to his objection before going to the referee hearing? Also, am I required to meet with her to 'exchange' information before the hearing. I am beyond nervous about this upcoming hearing but I cannot get anyone to willingly answer basic questions. Any suggestions?? concerned.mom
  4. Wondering what us; as parents; can do or if we have a case..... Have a teacher in a school who verbally assaults our children and today went totally crazy on this entire class, yelling at students, ripping tests up and out of children's books, as well as kicking a desk as a child got up to leave the class causing him to fall and hit another desk. Pounding their hands down on desks. Calling our children stupid and incompetent. This is the second offence for this same teacher... this is not the first time that any parents have showed concern....
  5. Can I still sue a former business for the material and office furniture and other equipment that we used? ( which was substantial). We parted company for good 2 years ago. He (my business partner) went to the agency we contracted with and talked with them about closing the company we started and open one with just him...which they agreed, however he started his company with everything we used for the company we started without buying me out.
  6. My sister got my mother to sign a power of attorney after my father died 3 years ago... since then... my sister has sold my mother's mother's house where I lived and threw me out... put my mother in a nursing home and will not allow me to see her. My mother wants to revoke the power of attorney but I have been told that she is not competent to sign legal documents... My sister has all the money from my fathers life insurance and the sale of the house in her bank with only her name on the account... My mother needs her own attorney but she cannot afford one because my sister has all her money and I can't afford one either. I have been told all I can do is file for guardianship or 3rd party guardianship... is there anything else you can tell me?
  7. I am on felony probation... while I was in jail for 3 months ..my sister took my dogs out of my fenced in yard and will not give them back. If I go to her house and take them out of her fenced in yard...am I violating my probation? The police will not do anything and say I have to take you to court.
  8. My mom recently passed away and left me as the representative of her will. My mothers only has a stock account with a sweep account attached. The account was originally opened in the 90's but company policy or maybe law not sure she went in upon my dads death in 2003 and she had to open up a new account and transfer all.. On the new account when she listed the beneficiaries it only showed my sister and I. She does have a will but because the estate is not large we wanted to do without probating and the will list all brothers and sister (4 Total) We do not know what was on the orginal paperwork with the broker as they only have to keep paperwork for 10 yrs.. So now we have a will with all 4 children listed and stock account with only 2 listed. We did talk to a tax advisor and a tax lawyer, which told us that my sister and I can go to broker and transfer 50/50 to our accounts which is considered an inherintance and then do as the will says divide to our brothers accounts their share and it is still considered an inhertinance. The broker says that they only reconigize my sister and I as the beneficiaries and not my brothers so if we transter there share out of the account it would be considered a gift and falls under the gift tax which there is a 14000 exclusion (28,000 Joint) in Mi. I have did a lot or research on this and know that this is a common law state. I found a inhertinance fact on this site stating that the law protects a child if it is an untentional omission which I do believe this is true... as my mom told all of us many times that the stock had all 4 names on it therefore no one questioned this.. but or course this is not in writing but the will is... So my main questions is once my sister and I put this in our accounts and go to give our brothers there portion is this considered gift or inhertinance and if not inhertinance will it be subject to gift tax (over 14000). and how is the tax reported. We have spend a lot trying to get the correct answers and every time we feel like it is resolved we take 10 steps back.. The broker states the will has no bearing on there end. We did like we were told and paid a tax advisior and tax lawyer and they say different from what broker will do... Please if anyone can shed some light on this I would appreciate as it seems we will only have a new set of answers.. Thanks for any advice or helps...
  9. It is my understanding that in MI you do not have to identify if asked for identification during a consensual encounter with law enforcement. In order for the police to require you to identify you must be being detained or lawfully arrested. In order to detain you they must have a reasonable and articulable suspicion that you have committed, are in the process of committing, or are about to commit a crime. Lawful activities can not used as reasonable and articulable suspicion i.e. photography of public buildings from a public space, photography of police activity. If you could please point me at the appropriate statute I would be most grateful. Thank you.
  10. Can a person file appeal, when new issue was found after serving sentence ? The court had no jurisdiction over the case, time has expired for appeal since sentencing. Jurisdiction is new issue presented. Need info. on this matter. Thanks
  11. A friend of mine was involved in a motorcycle accident in mid May, where he brushed the back of another vehicle, and he got a ticket for failing to stop in safe distance or something of that nature. He was hurt with really bad road rash but no broken bones, and went to the hospital overnight via ambulance. His blood alcohol level was high at the time in the hospital like about .23 but never got a DUI ticket from the incident. He says he is getting bills from the hospital totaling 18,000.00 and his motor insurance says that no matter who is at fault in Michigan, when it comes to a cycle accident the person who is driving the other vehicle would have their insurance billed for the medical expenses. Is this True? And can they still issue a DUI ticket after four moths or more after the incident? Can the other driver's insurance refuse to pay the medical bill?
  12. Relative was pulled over by Michigan State Police for a burn out tail light on trailer.The trailer is under 3,000 lbs. There was no load on trailer, the taillights on vehicle pulling the trailer was clearly visible. When stopped for said violation, relative was arrested for DWLS, driving while license suspended. No warning or citation for trailer light was mentioned. Under Michigan vehicle code, there's no legal statue or law pertaining too taillights for a trailer weighing less than 3,000 lbs, Reflectors are only required. My question is, should the DWLS ticket have merit? Is there a precedent on case's similar?
  13. If a person quit claims properties that they owed for years under duress while in a relationship and the the person suffers from tramatic brain injury from a brain tumor that was removed...why doesn't anyone want to pursue making the deed null and void..instead my attorney is seeking partition saying it is hard to prove..I have my doctors opinion and I am on permanent disabilty because of this problem with cognitive thinking ...this all happened when my father passed away..i was caring for my mother with alzheimers and wasn't able to cope with anything..I was drinking alot and he talked me into signing half of my realestate to him... He then proceeded to make my life hell, threatened me and I moved out for my own safety...he threw a coffe cup at my head which has soft spots from the tumor removal..the police wouldn't even file a restraining order..this property was my inheritance and has been in the family for 100 years..he had nothing..paid for nothing....I can't believe I amin this situation...but with my head injury I guess I do alot of stupid things..should I get a legal guardian to keep me fromdoing more damage to my life...
  14. I LIVE IN A LOW INCOME SENIOR BUILDING.I NEED TO KNOW IFTHERE ARE ANY LAWS CONCERNING,NOT BEING ALLOWED TO MOVE INTO ANOTHER UNIT,IN THE SAME BUILDING,BECAUSE OF CONSTANT NOISE FROM THE PERSON WHO LIVES ABOVE ME.I HAVE BEEN REFUSED (2) AND I DO HAVE HEALTH PROBLEMS & BELIEVE THAT ALL THE NOISE IS ADDING STRESS TO MY LIFE.THERE IS A UNIT OPEN SOON-CLOSER TO THE DOOR EXIT & I RECENTLY ASKED THE PERSON IN ATHORITY IF I COULD HAVE THAT UNIT.I HAVE ALOT OF BACK PRBLEMS & BEING CLOSER TO EXIT WOULD GREATLY BENIFET ME,WITH CARRING IN FOOD.THIS PERSON WAS VERY RUDE TO ME.STATED THAT WE USUALLY DONT ALLOW PEOPLE TO CHANGE APARTMENTS.I KNOW OF E FEW THAT HAVE CHANGED UNITS IN THIS BUILDING.ALSO,ID LIKE TO KNOW,IF I GET A LETTER FROM MY DOCTOR/STATING IT WOULD BENIFET ME TO CHANGE APTS-IS THERE ANY LAWS INVOLVING THAT/IF THEY CAN STILL REFUSE ME..THANK YOU
  15. ) I moved to Mich and anticipated 5yrs grad sch there. I leased new car, solely in my name, 39 mo. lease ended in great financing offer w/ext warranty, I took it, I liked the vehicle, planned to drive it til near end warranty at 100K mi. I left few months for life, surprises, (skip long story). left car~60k mi at parent's Ofc bldg in calif. Bills chg of address to Ofc my private mailbox. I return graduated, parents payoff car. I get BMW lien signoff to transfer title states, but letter is written to me AND Ofc company. CA DMV shows owner is Ofc accountant! Michigan S.o.s reflects pending order for duplicate (replacement) title to be sent to unk address outofstate. (The order form is LOW security, sends title to anyone) but it does need my signature.. SOS won't show me "w/out COURTORDER". I spend 2 wks alerting DMV, L.E of title#,plate#, my info. Was my car sold? Don't I need to sign? Car is in inaccessible garage. Current task is to transfer mich title to calif, (take my title to dmv with my lienholder payoff release signed original) but to end up w my ca title without the company name attached to it. Ideal task also to get this while discovering who how and what happened to the ownership. Why is the accountant listed as the owner name /address? Pls excuse the ultra abbrev. post but I hit space limits and skipped all details I found irrelevant
  16. After being in my new home for less than 4 months I am being forced to move. My landlord makes his own rules, and so far he is winning. What began as usual rental agreement has turned into nightmare. When I told my landlord in May that June rent would be late, he choose to stalk, harass, and intimidate me. I told him that college loan would be available in 10-14 days but he told me "I had to go" "I couldn't afford it" "He would help me, all I had to do was provide him with sexual favors or put him in touch with friend or co-worker who would have sex with him. He started calling me at all hours, not to ask for rent but to see me, help me, move me into apartment with him...and I have voice and text messages that prove this. I filed complaint with ever state agency I could think of (HUD< ACLU<local official) and I even informed him that I was doing so. This is what he did: 1. Began stopping over my house at all hours and when I was not home he made entry to house and garage 2. Removed the lawn mower from garage and disrupted personal belongings 3. Stalking: I found him outside residence, standing in yard next door, parking down the road and walking to my house, and returning to job after I told him to leave my work and not contact me at work 4. He offered me $200 a month to move out, if I would let him share my new place 5. After weeks of this harassment and violation of civil rights, he arrived at my house at 10pm and I told him (in front of witness) that he was: Not getting rent, he was getting sued and I informed him that complaints and charges regarding his behavior and language had been filed 6. He placed eviction on door the next day 7. During district court hearing, I had my answer delivered to court and him (I would not be paying rent due to his many violations and retaliation) but the judge would not grant me jury trial- the judge would not even listen to my reasons, instead he order me out in ten days The next day I received my approved HUD complaint, they turned my case over to Civil Liberty (Michigan) Now do I appeal the District case to prevent my eviction and present the reasons for my withholding of rent? I have Circuit Case involving the stalking and my evidence will provide the judge with clear picture of how sick this guy is, coming up on the same day I am to move. This story is all true and I would really appreciate any and all helpful suggestions. I need to find good lawyer who deals with real estate, sexual harassment, and unfair housing. Thanks
  17. I am taking my ex husband to court for custody. Long story short, my son resides with his dad with very liberal visitation to me. He is with me Thursday to Monday two out of three weeks and half the summer. My son is now a semester behind in school and missed thirty classes and has been late over thirty times to school. Some other stuff too, but this is most concerning about my teen, I think. Time to come home to mom. He isn't late with me. My two biggest points to overcome i think are in his favor are my mental illness and my lack of involvement. I think he might try to use that I haven't been working with him against me. These are my arguments for these two points. For mental illness (my son has a significant history as well) I plan on stating that his dad's criminal behavior can aggravate symptoms of mental illness in both myself and my son. He actually has accused me of child abuse and neglect in both court and to CPS. I've never had a criminal conviction but my education has been in the medical field and these accusations could effect my employment, except I refuse to enter the field and work factories and such instead. He complained to the judge I should be making way more money caring for people after accusing me of abuse! So either I'm not an abuser (I'm not) or if the judge believed there was credibility to my abuse accusations then he himself is promoting the abuse of hundreds of others through my care for a couple extra bucks of child support. Any ways, he's been convicted of felony theft and admitted to law enforcement to addictions to child pornography (no arrest though there are records) and I've been reading statistical data on mental illness and criminal behavior. That's my argument about mental illness. My other concern was an argument about lack of involvement. I wasn't invited to most of the things regarding my son's school. In fact, there was one doctor I had to subpoena for medical records because he wouldn't tell me the meds he had my son on. I had to do a pill search online to find my son's meds. That's how sad that was. So I think he'll say I have a lack of interest. My thought on that was that the orders have always been made difficult for me to follow. I was required to bring my son back and forth to school thirty miles from my home with no license (I just don't drive. Nothing criminal about it). I never missed visitation and he was never late. My child support was based on two jobs at times and I have never been brought to court for failure to pay. I always accomplish the things the judge has put before me to do. There was only one thing the judge asked for my ex husband to do and that was to drop my son off to me on Thursday night. He couldn't even do that. So my son's poor school performance could very well be following the example of his dad's ineptitude. If I were given the responsibility to take on the task of my son's education I would accomplish that as well. Those two things are my biggest fears. My son really needs out of there. The school was on the news for a teacher having sex with her students and his stepmom ripped the glasses off his face and kicked him out of the house in his pajamas. In the inner city. Someone had to call the cops because he was wandering the streets crying in the cold. So there are records of these things. I think I might do okay but any counter arguments I might have to worry about please let me know. I want to do well for my son.
  18. My son would like to be able to use a runway for practicing pole vaulting. Rather than construct a raised runway in our own yard, we would like to use a nearby high-school's permanent installation. We would supply our own landing pads and crossbar standards. We have not heard back from the athletic department of the school. So the question is: How can we find out if we are by law allowed access to the publicly funded facilities? Of note is that we reside in a different municipal school district (which does not have such a facility), as there is a county line between our home and the school. Any advice on where to go with this question would be very appreciated.
  19. Last year I start see my brother and sister at my mom and her roommate house because my mom had two brain surgery and having problem and that her roommate is not in good shape either. My mom told that CPS told her that it okay to lock the her kids in the bedroom and that the lock have to be outside. My mom and her roommate lock the kids in the bedroom at night and when play in their room because they can't chase my brother who is 4 years old. They put my brother in high chair and they tie wrap him in the high chair so he can't get out. when my brother get mad, he rock the high chair back and forth until one of leg come out and he fall to the ground with high chair on his back. Then this weekend I found that my mom daycare worker dog attack my sister and bruised my sister arm. When my boyfriend's stepmom and I was talk to my mom and told her about my sister arm. My attitude was that I can't lose my daycare worker because she is cheap and she said to me that who should be blame the dog or the kids. I don't what to do because I don't want to take her kids away but I don't want see anyone getting hurt. please help. I will take any advice.
  20. Dear anyone who will listen, I hate being this open about this But I need help. The legal force doesn't believe I have enough evidence to get a guilty verdict even though I have pictures, text messages, witness testimonies, Northern Michigan University expelled him with 24 counts against him (5 of them sexual assault, all towards me) and that the school withdrew me because they thought he was going to kill me, which itself is an act against civil rights. Even if it is the right thing to do so they won’t give him any criminal charges, not a requirement to take a batters anonymous, fines, a misdemeanor, nothing. I refuse to stop fighting not because I want revenge, but because I don’t want another girl to go through what I did, to be murdered because abusers only escalate. I lost my school, my friends, myself. I have PTSD afraid of the sound of a smack, or if someone hits my backside, the same car he drove. It’s not okay, what he did is not ok. And I want to know that I fought till the very end, didn’t give up, even if some people may think it is stupid. I need your help because the only thing I can do now is have as many people know as possible, reach as many people as I can, until someone will listen and can help me. Please share or if you have any legal advice for me or anything please let me know. Thank you.
  21. I'm currently going through a divorce, a month ago while at my wife's apartment, her friend's dog bit my daughter in the face after being left alone in the room with the dog. My wife has been leaving me in the dark regarding any case, active or pending that has anything to do with this incident with the exception of paying the health insurance and medical bills that I have been receiving, and am currently expected to pay. I do want to be included in any suit pertaining to this incident, for one, that's my daughter and two I do not want to get stuck with the expectancy of paying these bills, while my wife goes about her marry way. Any advice on what would be the best way to handle this, or how I should go about handling this? Thanks.
  22. My ex-wife refuses to take my son to a medical provider within the insurance provider network. Providers are available within the network, but she will do use them. There is no reason not to use one of them. The expenses will be astronomical and she expects me to pay for them. What are my options to force her to pay these unnecessary expenses out of her own pocket? This money could be used on my son instead of going into a doctor's pocket.
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