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Perry B. Thompson

Perry Thompson’s Answers

91 total


  • If you sign your parental rights over do you still have to pay court ordered child support?

    My husband is court ordered to pay child support for his other child (different mother) but he is unemployed. We also have two children together and are having a really difficult time paying our own bills, let alone child support. If he signs his ...

    Perry’s Answer

    Yes. There is no link between termination of parental rights and child support. However, if your income has dropped since the support order, you have a change in circumstance and may be able to get your payment lowered.

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  • In order to live offcampus at college, I need to live with a guardian. my parents live in a different state. can it be my granma

    I want to live off-campus at college but to do that, I have to live with a parent or guardian. My parents live in another state but I am living with my grandmother, aunt and uncle. Could I transfer my guardianship to one of them in order to live o...

    Perry’s Answer

    The other possibility is to just talk to the administration about it. I am not sure what school is doing this, but I know when I went to U of M ages ago, they had no such policy. Hopefully it is one of the smaller ones in the area where you might actually be able to make some headway talking to someone about it. The odds are they do not want a bunch of 18 year olds moving away from home, with no supervision, partying all the time, and flunking out of school because of it. The school might accept something as simple as a letter from your parents indicating that you are living with grandma and she will be watching your behavior just like they would.

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  • Is it a crime to contact FB contacts

    Someone that I had a bussiness deal with and cliams I owe her money went on my Facebook account and is now contacting my contacts to discuss the situation. Can I sue her for this?

    Perry’s Answer

    Just to clarify, do you mean that she looked at your public profile, saw your friends, and contacted them on her own or that she logged into your account as you and sent the messages to your friends that way. Unauthorized access to a secure computer account is a crime.

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  • I called the police on one domestic incident (5 times) and they did not show up. is this a possible lawsuit against police dep

    boyfrined knocked me around outside our motel room. manager moved me to another room and did not let him in. boyfriend came back next day and caught me leaving. threatened me. i called 911, 5 times as boyfriend drove up and down the road. gave 91...

    Perry’s Answer

    Courts have repeatedly held that there is no duty for the police to protect any specific member of the public. One of the most famous of these cases was from Washington DC and was decided by the US Supreme Court. A woman woke up when she heard a break in and her room mate being assulted. She called the police while hiding. A police car drove by the house but the officers never bothered getting out. The woman called back, told the dispatcher that the car drove by without stopping and her room mate was being raped in the next room. The intruders heard this call, found the woman, waited as the police car drove by a second time without bothering to actually stop, and assulted the women for several hours before leaving. The court held that there was no duty to protect these women in particular and because of that, they could not sue the police department.

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  • How to stop debt collectors?

    I am on a debt management program and my credit cards won't accept the proposal. They call my house or cell anywhere from 3 to 6 times a day. I have talked to them and they don't seem interested in the fact that I am making payments just not the...

    Perry’s Answer

    Just your basic description makes it sound like there are one or more Fair Debt Collections Practices Act violations. Plus, you may have a claim against the debt settlement company that has done nothing for you. To really resolve the debt issue you are almost always better off with a bankruptcy. But it would be necessary to review your situation to say for sure. It might actually be possible for you to fund the bankruptcy with money recovered from the debt settlement company and actually come out with more money than you went into the bankruptcy with if there is a good fdcpa case.

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  • What is the statute of limitations on a security deposit in the state of Michigan?

    I work for a mobile home community and a tenant from 4 or 5 years back just called and was inquiring about their security deposit. I was just wondering how long a security deposit would have to sit before it is forfeit.

    Perry’s Answer

    Did the tenant provide their forwarding address when they moved? If not, you were exempt from giving them the normally required notice of damages to which their deposit was being applied. But, if they did and the notice was not sent, the deposit should have been returned to them years ago without them asking. If you did not know where they were so the money could not be returned, their failure to provide the forwarding address does not prevent them from claiming the deposit now. There is no specific statute of limitations on this. However, once it appeared that the money was abandoned, it really should have been turned over to the unclaimed property division of the Michigan Department of Treasury. If that was done, refer them there. If it wasn't done, and the money was not used to offset damages, it is theirs and must be returned.

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  • Ex wife who has sole legal and physical custody for a minor child relocates to another state

    My ex wife decided to move out of state. She refuses to give a reason for moving or a place where she is moving. She claims two different states where she can move. She believes she does not need an approval of a trial court to move the child out ...

    Perry’s Answer

    • Selected as best answer

    Because she has sole legal custody, she can move without court approval. This was extablished a few years ago in the case of Spires v Bergman. Changing parenting time is a different matter though. The court will not change parenting time simply because she wants it changed. There are factors that must be considered. And, whehter the parenting time is changed or not, she is going to eventually have to tell you where she is in order to facilitate parenting time and other communication with your child. Depending on the distance and the age of the child, parenting time could be a major issue when you consider the need to travel between Michigan and the new state. You should definitely consider hiring a lawyer to represent you in the parenting time matter.

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  • Are you leagally responsible for paying back a promisory note to the deceased's children if they aren't mentioned with no will?

    A friend lent some money and wrote a promisory note that both parties signed. The promisory note discusses the monthly payment, no time frame to pay off, no interest etc. The friend recently passed away, and the children found the note. She left n...

    Perry’s Answer

    Yes. The note is an asset of the estate. WIthout a will, the person's estate will be probated under the law of intestate succession, which essentially means that everything that does not go to creditors will go to the spouse (if any) and/or children. Your friend needs to know if probate has been started for the estate. If it has, contact the attorney handling it to discuss resuming payments. If it has not, the children are not really going to be able to collect until they properly probate the estate and establish that they own the note. If it is enough money that the children are going to really make an issue about it, but the estate is not being probated, your friend should talk to an attorney.

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  • Did the commonly known drug salvia become illegal in Michigan?

    I was reading online that Governor Granholm signed the law on October 1, 2010, but I have not heard any more about it. Not sure if it became illegal or if the law never passed. The reason I ask is I have a friend who was gonna order some of it but...

    Perry’s Answer

    Yes. The law was changed effective October 1, 2010. Now under MCL 333.7212(1)(m) salvia is a Schedule 1 controlled substance. Other Schedule 1 substances are Meth, Marijuana, and Ecstasy to name a few.

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  • What are the steps to take to have court-appointed guardian named for an incapicated individual?

    What are the steps to take to have a guardian named for an incapicated indivdiual who has no family (at all) and no legal or MPOA?

    Perry’s Answer

    There are some basic issues that have to be addressed, like what court has jurisdiction (typically the probate court in the county where the person resides, but there are exceptions). Once you know the court, you get a hearing date from them and file a petition for the appointment of a guardian along with a filing fee and several notices. The notices need to be served on interested parties. The court will appoint a guardian ad litem who will perform an investigation. Once the investigation is complete, a hearing is held and, absent objections by interested parties or the guardian ad litem, the petition should be granted and letters of guardianship issues.

    When reviewing a petiiton, the court will look at priority based on the statute. Various family members have priority, but without family a person nominated by the person who is care for or paying benefits to the incapacitated person may be appointed. If there is no person who fits that description, then any competent person may be appointed.

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