W. Jay Brown’s Answers

W. Jay Brown

Midland Business Attorney.

Contributor Level 8
  1. Garnishee income tax refund. Will they take both state and federal tax refund?

    Answered almost 5 years ago.

    1. W. Jay Brown
    2. Shawn B Alexander
    2 lawyer answers

    The only tax refund that the creditor can reach is the state tax refund

    6 people marked this answer as helpful

  2. Are verbal agreements legally binding in Michigan in connection with commercial real estate?

    Answered 9 months ago.

    1. Loren M. Dickstein
    2. Robert J Adams Jr.
    3. W. Jay Brown
    3 lawyer answers

    There may be some thing that can be done. While the other attorneys who responded are correct that a contract to purchase real estate must be in writing, I think there are deeper issues here and there may be another way to get at the issue. It appears you may be able to claim a joint venture or partnership with the person who has a written land contract with the seller. An oral partnership or joint venture agreement can be enforceable. I would certainly advise that you obtain legal...

    1 lawyer agreed with this answer

  3. Issues with my Photography business: Should I contact a lawyer?

    Answered 9 months ago.

    1. Daniel Nathan Ballard
    2. Pamela Koslyn
    3. Bruce E. Burdick
    4. Timothy J. Klisz
    5. John F. Brennan
    6. ···
    7 lawyer answers

    You don't say how much you are owed. This is important because hiring a lawyer is an investment. If you are owed $100, it sure doesn't make any sense to spend money on a lawyer. If you are owed significantly more, then hiring a lawyer may make sense as you should be entitled to recover what is owed and a letter from an attorney may be effective. If not, small claims court is likely an option.

    1 lawyer agreed with this answer

  4. Am I required by Michigan law to file a land contract?

    Answered almost 4 years ago.

    1. Timothy J. Klisz
    2. W. Jay Brown
    3. Alan James Brinkmeier
    3 lawyer answers

    Recording of a land contract is necessary only to give record notice of the interest in the property to subsequent purchasers. Many times land contracts are not recorded. Whether or not it is recorded, the contract could still cause the lender to call the loan if they learn of the transfer. There may be other ways to structure the deal so as to not violate your note. A consultation with a local real estate attorney is probably money well spent. The above is provided as general information...

    1 person marked this answer as helpful

  5. I received a Writ of Garnishment for a person I never heard of.

    Answered over 3 years ago.

    1. David A. Sebastian
    2. W. Jay Brown
    3. Mark Hankins
    3 lawyer answers

    Scary that a lawyer not licensed in Michigan would try and answer this question. If you have been served with a writ of garnishment, you must serve a response on the garnishee disclosure form. If you fail to respond in the time frame provided by using the garnishee disclosure form, you can be held personally liable for the debt. Please read and follow the directions on the "Garnishee Disclosure" form that should have been served on you. Please note that the above answer is provided for...

  6. Refinancing in wife's name alone...does husband have to sign documents?

    Answered almost 4 years ago.

    1. W. Jay Brown
    2. William C. Mack
    2 lawyer answers

    The Equal Credit Opportunity Act prohibits lenders from requiring that spouses guaranty or otherwise sign for loans.

  7. How do I get land put in my name?

    Answered almost 4 years ago.

    1. W. Jay Brown
    2. Andrew Daniel Myers
    2 lawyer answers

    You are going to need to open a probate estate in the probate court. Once an estate is open and a personal representative appointed, that person can deed the property to a buyer. This answer is for general information only and is not specific legal advice. You should consult an attorney of your choice for legal advice specific to your situation.

  8. We live in Michigan. we owned an LLC company and decided to close it down 2 months ago. we made no money the entire time. we ran

    Answered almost 4 years ago.

    1. W. Jay Brown
    1 lawyer answer

    In general, using a limited liability company protects you from individual liability. Therefore, a judgment against your company is worthless as your company has no assets. When shutting down a company, as long as you used the available assets to pay creditors (and did not pay yourself), there should not be any liability. The above is general information only and not specific legal advice. You should consult an attorney of your choice for legal advice regarding your specific circumstances

  9. How do I fight a Claim of Lien?

    Answered almost 4 years ago.

    1. W. Jay Brown
    1 lawyer answer

    Under the Construction Lien Act, a homeowner who has fully paid their contractor is insulated from paying the subcontractor/supplier in a lien foreclosure action. If an action to enforce a construction lien is filed, the suit must be dismissed if the homeowner files an affidavit indicating that they have fully paid for the improvement. As with anything else, it is important to make and keep good records. The foregoing is not to be construed as legal advice or the creation of an attorney-...

  10. Does it matter what district court a summons & complaint for an unsecured debt is filed?

    Answered almost 4 years ago.

    1. W. Jay Brown
    2. Alan D. Walton
    3. Jeffrey B. Lampert
    3 lawyer answers

    You are talking about venue - which is a question of which court is a proper one in which to try a case. It sounds like the venue is incorrect. However, being in the wrong venue does not affect the validity of any judgment entered. You can't ignore a complaint just because it was filed in the wrong venue as a judgment entered in the wrong venue is still valid. The procedure for changing venue is to file a motion to change venue prior to or at the same time that the answer to the complaint is...