Daniel J. McCarthy’s Answers

Daniel J. McCarthy

Birmingham Appeals Lawyer.

Contributor Level 9
  1. I have been living in a abandon home for a yr now...i am haveall utilities in my name and i am looking into taxes do i haveright

    Answered over 2 years ago.

    1. Daniel J. McCarthy
    2. James T. Weiner
    3. Steven Anderson Leahy
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    You should consult with a real estate attorney in Michigan. Without having any additional facts, it is difficult to answer your question. The type of property, address, and previous owner are all open-ended questions that must be addressed. Generally speaking, however, you may obtain title to the property through the "adverse possession" doctrine. To establish adverse possession, you must show by clear and convincing evidence that your possession of the property was actual, visible, open,...

    9 lawyers agreed with this answer

  2. Is it illegal for my ex husband to post nude photos of me online?

    Answered over 2 years ago.

    1. Daniel J. McCarthy
    2. Robert M. Alonzi
    2 lawyer answers

    I am going to respectfully disagree with my colleague on this issue. Assuming that you did not provide your ex-husband with permission to post any such photographs on the internet, your ex-husband could be liable for several forms of invasion of privacy claims. Indeed, you may have a claim for public disclosure of embarrasing facts, which is one form of an invasion of privacy claim. Unless you signed a release, you always maintain a right to your likeness, which includes your right to...

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  3. MI Conversion Statute now allows a person to get 3X the amount of actual damages sustained from a person who stole...

    Answered 8 months ago.

    1. Daniel J. McCarthy
    2. James T. Weiner
    3. Vance Tate Davis
    4. Barbara Ann Bangs
    4 lawyer answers

    Unfortunately, there are not enough facts to properly answer this question. If the trial court entered a judgment, then the only remaining course is to file a post-judgment motion if there is time remaining or to take an appeal or both. Nevertheless, the statutory conversion statute protects against theft or conversion regardless of the injured party. The relevant issue is whether the defendant took or converted the property of another. I am not aware of any "vulnerable adult" exception to...

    5 lawyers agreed with this answer

  4. Can defamtion be in the form of an action, rather than just libel and slander?

    Answered over 2 years ago.

    1. Daniel J. McCarthy
    2. Haytham Faraj
    3. Christian K. Lassen II
    4. Jacob Adam Regar
    5. Harry Edward Hudson Jr
    5 lawyer answers

    In Michigan, a person has an absolute privilege to make a report to the police. The policy is to promote reporting of possible criminal conduct. On the other hand, if a person maliciously causes you to be prosecuted, and the charges prove to have been fabricated, then you may have a civil claim for malicious prosecution. These cases are very difficult to win, especially if damages are uncertain.

    5 lawyers agreed with this answer

  5. Filing deadlines

    Answered about 1 year ago.

    1. Daniel J. McCarthy
    2. Daniel Nelson Deasy
    3. James S. Lawrence
    3 lawyer answers

    The answer needs to be received by the court clerk to be timely filed. But as a practical matter, your answer would still be timely filed after the due date, as long as the plaintiff did not file a default notice first.

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  6. What civil case law, MI can be sited and MCR rules for not receiving a notice of hearing

    Answered over 2 years ago.

    1. Daniel J. McCarthy
    1 lawyer answer

    If I understand your question correctly, your husband was sued and the debt collector obtained a default judgment. Your husband filed a motion to set aside the default judgment on the ground that he was never served with the debt collector's complaint. Under the court rules, namely MCR 2.603(D), the court is somewhat constrained in terms of setting aside a default judgment. Generally speaking, in order for a court to set aside a default judgment, the moving party (your husband) must show...

    4 lawyers agreed with this answer

  7. Im 15 can i leave brimley michigan and go out of state to see my 20 year old boyfriend in elizabeth colorado?

    Answered over 2 years ago.

    1. Edward Jacob Sternisha
    2. Daniel J. McCarthy
    3. Barry Franklin Poulson
    3 lawyer answers

    No, you may not. No Michigan judge would permit this given your age. You are a minor and have little independent rights.

    4 lawyers agreed with this answer

  8. Am I eligible to file writ of certiorari with US Supreme Court?

    Answered 8 months ago.

    1. Daniel J. McCarthy
    2. Rixon Charles Rafter III
    3. Mickey David Larson
    4. John Douglas Lloyd
    4 lawyer answers

    While I am not a criminal defense lawyer, the simple answer to your question is yes. You--meaning a layperson--can file a writ of certiorari with the United States Supreme Court, but I suspect that it would be very difficult. There are numerous requirements involved and the chances of success are very slim. Furthermore, from the little that you described, before you try to get your case to the Supreme Court, you may wish to consider filing a petition for habeas corpus in the United States...

    3 lawyers agreed with this answer

  9. Who may serve (service of process) in Michigan?

    Answered almost 2 years ago.

    1. Timothy J. Klisz
    2. Daniel J. McCarthy
    3. Robert J. Ehrenberg
    3 lawyer answers

    In Michigan, a process server may be any person over age 18 and not a party to the action.

    3 lawyers agreed with this answer

  10. Change of Custody (Michigan- Oakland County)

    Answered over 2 years ago.

    1. Daniel J. McCarthy
    2. Paula Brown Sinclair
    3. Michael H. Cutler
    3 lawyer answers

    A trial court is required to consider the best interest of the child factors when faced with a change in custody, But even before the trial court addresses a motion to change custody, the trial court must first decide whether an established custodial environment exists and whether there has been a sufficient change in circumstances to warrant a change of custody analysis. Ordinary and routine life changes as the children age do not ordinarily constitute a sufficient change of circumstances....

    3 lawyers agreed with this answer