Neil J. Lehto's Answers

Neil J. Lehto
Berkley State, Local, and Municipal Law Attorney.
Contributor Level 7

2

Attorney answers:

  1. Neil J. Lehto
  2. Sandra Dee Munoz

18 year old senior kicked out of home

Asked by a user in Michigan - almost 4 years ago.

The mother has no right to the child support payments being made by the father through the friend of the court ("FOC"). You should report the situation in writing to the FOC because the father (and the mother's) obligation for support continues until the child graduates from high school or reaches age 19 1/2. Whether or not you can get those payments depends on the court recognizing you as third-party custodian.

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Attorney answers:

  1. Neil J. Lehto
  2. Timothy A. Dinan
  3. Jason Matthew Mayberry

Under what circumstances can someone be prosecuted for shoplifting in MI, what evidence is admissible under MI law

Asked by a user in Troy, MI - almost 4 years ago.

Most shoplifting cases are prosecuted as retail fraud. The state law creates three levels of cases depending the value of the property involved. Retail fraud can involve price switching, stealing or fraud involving a false refund. Most cases arise from eyewitness testimony by a store employee. Some cases involve videotape and register receipts.

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Attorney answers:

  1. Neil J. Lehto

Procedures in WA state for sending a debt to collections

Asked by a user in Seattle, WA - almost 4 years ago.

There may be some rules of professional conduct that apply in the State of Washington. Otherwise, generally, there are no conditions that must be met before a debt owed to anyone -- lawyer or not -- can be sent to collections or sued upon in the appropriate court. It is difficult to understand why your attempts to make payment in person and by sending a check in the mail were unsuccessful unless you were offering less than the full amount.

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Attorney answers:

  1. Neil J. Lehto
  2. Alexander Floyd Ransom
  3. Jose Antonio Negroni
  4. Ruth Alane Mattson

Personal Injury

Asked by a user in Otsego, MI - about 4 years ago.

Generally, there is a 3-year statute of limitations for the child's parents to sue for most negligence (tort) actions in Michigan. (The child could sue when he or she reached age 18.) The owner or renter of real estate may be liable to person, including infants, injured on the property. It depends on exactly what happened? Was this a slip and fall? The fact that lived there for 6 months is relevant to what they level of negligence they will have to prove against you. The claim for $25,...

2

Attorney answers:

  1. Neil J. Lehto
  2. John M. Kaman

Sole ownership of a mobile home

Asked by a user in Coldwater, MI - almost 4 years ago.

You did not mention if you have a title for the mobile home. It is illegal to sell a mobile home without a certificate manufactured home ownership formerly known as a certificate of title . http://www.michigan.gov/documents/dleg_bccfs_handbook_145096_7.pdf. If there is no certificate of of title, you need to get that straightened out with the seller. (The security agreement may not be perfected unless there is a certificate of title.) If there is a certificate of title, it can be...

1

Attorney answers:

  1. Neil J. Lehto

Procedures in KS for garnishing wages, bank account

Asked by a user in Topeka, KS - almost 4 years ago.

No. You should already know the following: (1) You had a debt you didn't pay, (2) you got sued, (3) a judgment was entered against you, (4) a garnishment was served on your bank. If you don't know, something is wrong. Generally, a bank account can be garnished and completely paid over to your creditor unless it consisted of exempt funds, i.e., social security payments, railroad retirement.

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Attorney answers:

  1. Alan James Brinkmeier
  2. Neil J. Lehto

Electric Company trying to back charge me two years for their mistake ($20k)

Asked by a user in Luzerne, PA - almost 4 years ago.

I can only assume that you choose between filing a formal and informal complaint with the PA utilities commission. State agencies dealing with utility complaints can get backlogged two and half months or much longer. Mistakes of the sort you describe by a utility company probably never entitle you to the lower rate once the mistake is discovered. However, there may be rules which limit the company's claim against you for charges incurred before its unilateral mistake was discovered....

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Attorney answers:

  1. Roy Earl Morriss
  2. Neil J. Lehto

Terminating an easement in WA state

Asked by a user in Port Orchard, WA - almost 4 years ago.

Generally, only as allowed by the real estate document or state law creating the easement. Easements can arise by agreement or operation of law. You have provided insufficent facts. Therefore, all lawyers trying to answer your question would need more information from you.

4

Attorney answers:

  1. Lawrence Neil Rogak
  2. Anthony John Colleluori
  3. Scott Kenneth Petersen
  4. Neil J. Lehto

False Accusation

Asked by a user in Tacoma, WA - over 4 years ago.

If a neighbor testified falsely in a court case against you, it's likely there is nothing you can do about it now more than 8 months ago. Generally, you can never require a party or a witness in a civil matter to undergo a polygraph examination and depositions are available only before a party or a witness testifies in a court proceeding -- not afterwards. Testimony about an alleged sexual impropriety is typically circumstantial, i.e., the neighbor did not actually witness whatever...

4

Attorney answers:

  1. Lawrence Neil Rogak
  2. Scott Kenneth Petersen
  3. C Logan McKechnie
  4. Neil J. Lehto

Car Debacle

Asked by a user in San Antonio, TX - over 4 years ago.

If the only thing that was in your name is the loan, it may be that you are not the owner of the car. Do you have the title? There is likely no way to have the bank take the car back without it affecting your credit and without you owing anything.