Michael J. Olson’s Answers

Michael J. Olson

Howell Divorce / Separation Lawyer.

Contributor Level 11
  1. APPEALS- what are the limitations to & requirements of appealing a civil court ruling regarding custody? Apellate court process?

    Answered almost 2 years ago.

    1. Michael J. Olson
    2. Howard M Lewis
    3. Laurel Stuart-Fink
    3 lawyer answers

    There are two courses of action. First, you could appeal. This is an "appeal of right" if it is done within the proper time period. If the ruling was in December, that time period might have passed. If it has, you must file an "application for leave to appeal" Very few individuals will do this properly on their own so hiring a lawyer is a must. The other option is to refile a motion with the Circuit Court Judge. As custody is always modifiable, a person can file a motion at any time to change...

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  2. Should i file in Michigan?

    Answered about 1 year ago.

    1. Michael J. Olson
    2. Dion Eugene Roddy
    3. Jarod M. Calkins
    3 lawyer answers

    The issue is which state is the child's "home state". If you have a pending case in Illinois, unless that Judge gives up jurisdiction, that will be the "home state". Also, you may not have the option of filing in Michigan if neither you the mother have lived here for at least six months. This can be complicated stuff. I suggest that you contact your attorney in Illinois and find out what the status of your case is there. If it is still pending,, I assume you will proceed there. If not, you...

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  3. Bit complicated...John Doe Lawsuit?

    Answered over 2 years ago.

    1. Barry Franklin Poulson
    2. Michael J. Olson
    3. Christine Marie Heckler
    4. Michael S. Haber
    5. James P. Frederick
    5 lawyer answers

    It would be helpful in answering your question if you told us exactly what Person A, the Company and John Doe did. Also, do you work for this company? This would help us understand better how to answer your questions.

    6 lawyers agreed with this answer

  4. Can I evict a tenant with a child with a disability, who has broken their lease in Michigan during winter months?

    Answered almost 2 years ago.

    1. Michael J. Olson
    2. Edward Jacob Sternisha
    2 lawyer answers

    There is no prohibition to evictions during the winter months nor is there a prohibition to evicting someone with a special needs child. You must follow the rules, however, You must first give them a notice to quit and then file an eviction action in district court if the tenant does not leave voluntarily. Generally speaking, once you file the eviction action it will be about a week or two before a hearing and then 10 days after the hearing if you win and if the hearing does not get adjourned....

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  5. In a foreclosure, can the bank take any other property or money I have, or just the house that is being foreclosed on?

    Answered over 2 years ago.

    1. Michael J. Olson
    2. Christopher Daniel Leroi
    2 lawyer answers

    After the foreclosure, if there is a deficiency . . . in other words if the house sells at the sheriff's sale for less than the loan amount, the bank can sue you for the difference. If they win this lawsuit they can try and collect it by getting a lien on your assets, including your cash in the bank or any other real estate you own. This suit would be based upon the promissory note, not the mortgage. In the past, the banks have not been suing for this but they are starting to do so. You should...

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  6. Can the Exextor of a WILL(who has POA)desolve the WILL inorder to execute the financal payments for the principal prior to death

    Answered over 2 years ago.

    1. James P. Frederick
    2. Michael J. Olson
    3. James T. Weiner
    3 lawyer answers

    This is a very technical question without an easy answer based upon the informaiton that you have provided. Not your fault but there are many questions that need to be discussed. Generally a POA will not allow for the changing of a will. However, if your father is competent, he can still change his will . . . which may make sense depending on the medicaid and other implications. Call Glenn Matecun at (517) 548-7440 to discuss this as soon as possible. Do not delay.

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  7. Wat can u do if defendant is ignoring the server in a small claims lawsuit

    Answered over 2 years ago.

    1. Michael J. Olson
    2. Edward Jacob Sternisha
    3. Jennifer Melissa Mendelsohn
    3 lawyer answers

    You have to go to the Judge and ask the Judge to sign an Order for Alternate Service. It is more simple than it sounds. The Court Clerk should have a form for filing such a Motion. You have to do it soon or your case will be dismissed. Check with your local District Court Clerk in the Civil Division and ask them to help. If they cannot or will not help, talk to the Process Server who has been assigned by the Court and ask him or her to help you find the right form.

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  8. Does my tenant have to pay for repairs in Michigan?

    Answered almost 2 years ago.

    1. Michael J. Olson
    2. Jeffrey Scott Kemm
    2 lawyer answers

    Whether a tenant has to pay for a particular repair depends on the language in the lease and the interpretation of that language. If you believe that "ALL REPAIRS" were contemplated in the lease, even repairs to the infrastructure of the home and that is what the tenant thought they were agreeing to then you can probably make them pay it. That would be unusual, however, and a court would probably want to see specific language in the lease that required the tenant to make that type of repair. If...

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  9. My landlord has served me an eviction notice for non-payment of rent. I have proof that I paid the rent.

    Answered almost 2 years ago.

    1. Michael J. Olson
    2. James C. Higgs
    2 lawyer answers

    You can just walk in but it is better to file an answer to the Complaint, once it is filed, and a Counter-Complaint. Of course, the easiest and cheapest way to handle the problem would be to move before your Landlord files an eviction action and then sue him or her in small claims court if you can figure out what your financial damages are. Talk to a lawyer before you do anything, There are too many ways to screw it up on your own. Good Luck.

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  10. As a landlord with a 2 year lease agreement with a tenant, do I have to give a reason for giving a eviction notice?

    Answered almost 2 years ago.

    1. Michael J. Olson
    2. Jeffrey Scott Kemm
    2 lawyer answers

    The simple answer is that "yes, you need a reason to evict". If your lease restricts occupancy to two tenants then you can probably terminate the lease. Also, I will assume that the lease is silent with regard to the proper use of the lawnmower so this would not likely be a justification for termination of the lease but it may be justificaiton for a money damages lawsuit in small claims court. You should have a lawyer look over the lease and discuss what your options are. Good luck.

    4 lawyers agreed with this answer