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Mark M. Bello

Mark Bello’s Answers

67 total


  • What is the Law in the State of Michigan if Injuried in a car accident & unable to work what is the exact law whats the statue

    The Insurance company is accusing my wage loss are complete fiction even after I provided them with Tax documents, further more at the time of the accident I was working full time 40 hours a week they still didn't believe it I started working full...

    Mark’s Answer

    Tim is absolutely correct. While the previous year's tax return is one barometer of income, No Fault Wage Loss benefits are based on the amount of your wages at the time of your accident. If you can conclusively prove, through your employer or your tax records, that your income at the time of the accident, was higher than that $15,000 per year figure (your question does not provide your current rate of pay) and that you were steadily working 40 hours per week, you would be entitled to 85% calculated on your CURRENT wages

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  • I was driving my friend around while he was drunk in his car and rearended somebody. Am i responsible to pay for my friends car?

    We were on spring break. My friend was drunk so i drove his car. I accidently rearended somebody. and now he expects me to pay for his car

    Mark’s Answer

    Michigan is a no-fault state; if you own a car, you are required by law to have it insured. If your friend's car was insured and you didn't own a car, his carrier is responsible for the damages. If you owned a car and had insurance, your carrier might be responsible. If neither of you had insurance, yes, you might be forced to pay for the damage. This "friend" is not very grateful for your preventing him from being in an accident while driving drunk. Time for you to find a new friend.

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  • Have a sm llc co. and had vehicle accid in work truck 2 yrs ago. Now being sued. Should I worry about personal property?

    Rear ended a vehicle that stopped suddenly on the freeway. i was driving work truck. Dont know what happened to the person. The front of my truck was a little smashed. Received summons that I am being sued. I am worried about my personal prop...

    Mark’s Answer

    The answer depends upon how seriously the person you hit was injured and what your insurance liability coverage limits are. If injuries were not catastrophic and you had a commercial policy with significant policy limits, you should be OK. Discuss potential personal liability with your insurance agent and/or with the attorney your insurance company assigns you to defend the lawsuit. Remember that the attorney represents the insurance company's interests first, your's incidentally. Thus, if things start to trouble you, you would be wise to retain personal counsel or, at least, seek the advice of an attorney. Good luck.

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  • Default judgement

    if a default judgement was set aside for fraud would the plaintiff be liable for filing new documents or can a judge just set a new trial date, although they set the previous judgement aside?

    Mark’s Answer

    Judges have significant discretion in these types of situations. If the plaintiff filed fraudulent documents and the judgment was set aside because of that, you can assume that the judge will keep a careful eye on him throughout the balance of the litigation. Plaintiff could file new documents, to be scrutinized by the judge or the judge could set a trial date. The judge could also permit discovery or additional discovery before setting a trial date. With the setting aside of the judgment, it's a whole new ballgame.

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  • How can the parent of daughter collect debt from divorce settlement of husband's share

    my daughter is getting a divorce, She and her husband owe me about 30,000 dollars. I don't really want to take money from my daughter right now, but would like to get half of it from him. Should I take legal action on my own, or let her attorney g...

    Mark’s Answer

    In my opinion, you should let her attorney get the money to settle the marital debt through the divorce settlement. Before taking my advice on this, though, pose the question to your daughter's divorce attorney. Good luck

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  • How can I collect a divorce settlement from 1994/5

    My divorce in 1994-5, out of Wayne county Michigan, granted me a marital settlement which my ex still to this day hasn't paid, at 7% APR on any unpaid balance. He has since moved to the state of Florida and I don't know how to proceed since he ha...

    Mark’s Answer

    If you truly don't have any money, you may qualify for legal aid and Wayne County has a great legal aid program called, I believe, "Wayne County Neighborhood Legal Services" or something like that. A Michigan judgment can receive full faith and credit and be enforced in Florida, but you will need a lawyer to do it. If you can't find the legal service I suggested, call Wayne County offices and ask them for the number for legal aid.

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  • A money settlement fom a car accident can be legal if I made a debt settlement ?

    I had a car accident and my lawyer told me that I am entitle to recieve $ 50000 but I have $ 45000 in debt. Recently I made a debt settlement. I know that if I file for bankruptcy all the money will go to the creditors. If I made a debt settlement...

    Mark’s Answer

    I agree with Lars that you should discuss this with the handling attorney. Also, I don't know who "Assista" is. If "Assista" is the company you made the recent debt settlement with, the important question is whether you were required to disclose your assets and liabilities to them in making the settlement. If you were, the accident settlement might be considered a disclosable 'asset' and if you did not disclose it, you may be accused of non-disclosure or, worse, fraud. Talk to you auto accident lawyer about the debt settlement and the accident settlement, lay all of your cards on the table, and let him advise you. Good luck.

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  • Is it illegal to use my husbands credit card if my name is not on the account

    Is it illegal to use my husbands credit card if my name is not on the account?

    Mark’s Answer

    If you had his permission to use the card, it is probably not "fraud" in a legal sense, because there must be "intent" to commit a crime and, from the tone of your question, there seems to be no intent . Between you, your husband and the credit card company, though, either you or your husband will have to pay the bill. I'm sure it will all be sorted out in the divorce proceeding. Get yourself a good divorce lawyer.

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  • Possible credit card fraud, theft by boyfriend under KS banking and criminal laws

    When I deployed, I left my credit card and personal possessions with my boyfriend of six months. I had verbally given him permission to use my credit card to buy me items to send to me while I was deployed. Nothing was in writing. He also agree...

    Mark’s Answer

    Between you and the credit card company, the company would be the greater 'victim' here, since you voluntarily left the card with your boyfriend. The 'major retailer' should have checked I.D., and you may have an argument that they were negligent in letting him charge on your card without authorization. Contact a KS lawyer who specializes in consumer fraud cases (you might find one on this Avvo site or you can call the Kansas Bar Association. Good luck.

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  • Is a victim of unauthorized credit card purchases liable to pay the bill

    My soon to be ex-son -in-law used my credit card without my knowledge to purchase parts for his car repair business. Am I responsible for payment of these bills?

    Mark’s Answer

    Most credit card companies excuse charges made by a thief with a stolen credit card. Since the "thief" in this case is your son-in-law, prepare for the company to argue that the card was not "stolen" and you knew your son-in-law better than they did, thus between the two of you, the company is the more innocent victim. However, if the store did not check I.D. and the receipt was forged, there may be liablilty to the store and certainly to your son-in-law for fraud and/or theft. Your question does not present enough facts to give you a more detailed response; call a lawyer in your area or try to locate one at the Avvo site. Good luck.

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