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First make sure you file an Answer and Affirmative Defenses to the lawsuit within 21 days of being personally served. If you fail to answer on time, you will be defaulted and a judgment in the full amount can be entered against you. If the lawsuit amount is more than $25,000, than it is in the Wayne County Circuit Court. If it is less than $25,000, then it is in the local district court.
If your lawsuit is less than $6,000, then your lawsuit would be handled in the Detroit District Court Small Claims Division. These cases are usually handled by a magistrate rather than a judge. Only the parities to the lawsuit can appear for small claims. Attorneys are not allowed for small claims cases and the case would have to be removed to district court. Click here:
When two or more parties have an agreement for the performance of services or the purchase of goods or property, and a party fails to do what they agreed. An agreement concerning real estate must be in writing. If your case is for an amount more than $25,000, you will have to file in the Wayne County Circuit Court. If it is less than $25,000, then you will have to file in the local district court. If you have a breach of contract situation, call us today for a free phone consultation.
The standard of review on appeal is determined by whether a particular issue is a question of law or a question of fact. “Questions of law are reviewed de novo on appeal.” Brucker v McKinlay Transp, 225 Mich App 442 (1997). The proper interpretation of a contract is a question of law that is reviewed de novo on appeal. Phillips v Homer (In re Egbert R Smith Tr), 480 Mich 19 (2008). “[F]actual findings are reviewed under the ‘clearly erroneous’ standard of review.” Brucker, 225 Mich App at 448.
The initial question of whether a contract is ambiguous is a question of law. DaimlerChrysler Corp v Wesco Distribution, the initial question of whether a contract is ambiguous is a question of law. DaimlerChrysler Corp v Wesco Distribution, 281 Mch App 240 (2008). Thus, the initial question of whether a given contract is ambiguous is always subject to de novo review. See also DaimlerChrysler Corp (whether contract is ambiguous is question of law for court to decide). The de novo standard of review applies when the contract terms are unambiguous. Prentis Family Found, Inc v Barbara Ann Karmanos Cancer Inst, 266 Mich App 39 (2005).
On the other hand, the clearly erroneous standard may be applied if the contractual language is ambiguous or incomplete or if the circumstances are unusual. Zinchook v Turkewycz, 128 Mich App 513 (1983). Situations involving extrinsic, nondocumentary evidence are reviewed under the clearly erroneous standard. Brown v Forrester Constr Co, 372 Mich 204 (1963).
Michigan requires that every vehicle be insured. Since it is a no fault insurance state, the vehicle repairs and uncovered medical expenses are paid by the insurance covering each vehicle. However, if you do not have the required insurance, you can be sued by the other driver or their insurance company for the costs, including unpaid medical expenses, associated with the accident. If you end up with an unpaid judgment against you arising out of an auto accident, your driver's license will be suspended. Click here: https://www.michigan.gov/sos/0,4670,7-127-1627_8665_9078-27180--,00.html
A tenant can be evicted for non-payment of rent or for breaching a condition of the lease agreement. In addition, if it is a month-to-month lease, then the tenant can be evicted after being given 30 days notice. If you evict a tenant, make sure you provide an accounting of any off-sets against the security deposit and mail it to the tenant. Click here for the forms: http://www.36thdistrictcourt.org/divisions-departments/general-civil-and-landlord-tenant/landlord-tenant
Often times business partners reach point where they cannot agree how to continue operating the business together. Essentially, you need a business divorce. The first document to consult is the articles of incorporation to see if there is a specific process. Next, you would consult the applicable business laws, depending on if it is a corporation, limited liability company or a partnership. If a lawsuit is necessary, it must be filed in the Wayne County Business Court. Click here: https://www.3rdcc.org/programs-services/business-court